LIBRARY OF CONGRESS 



014 418 756 8 




NOTES 



/ 



ON Tm: 



SITUATION, 



y 



AS PUBLISHED IN TUB 



CHRONICLE AND SENTINEL. 



By B. H:„ HIILL, 

Ox^ GEOEOIA. 



AUG'SlA, LtA.: 
CHRONICLE <fe SENTINEL STEAM PRESSES. 



iso: 






AN EXTRACT 

From Hon. li. H. Hill's Letter, accepting the nomination of Delegate to the 
State Convention, icritten December 26, 1860, 

•'But T shall dissolre this Union as I would, bury a benefactor — never through 
choice — only from necessity, and then in sorrow and sadness of heart. For, after 
all, the Union is not the author of our grievance. Bad, extreme men, in both sec- 
tions, insult each other, and then both fight the Union which never harmed or 
insulted either 1 Perhaps it has blessed all above their merits. For myself I sha 
never ask for more true liberty and real happiness, under any government, than I 
have enjoyed as a citizen of this Great American Union. May they who wowld 
destroy this Union in '^frolic, have^wifdora to furnish our children a better," 



NOTES OJN THE SITUATION. 

TVumbei* One. 



" Never despair of the Republic." was a much lauded Roman ^raaiim. Bat 
maxims never saved a country, and this one did not save Rome. She was verj 
great. The combined world was too weak to harm her. Bot she fell — fell by her 
oicn hands — and for centuries has remained fallen I 

If good liberty-loving- Americans almost despair of their country, the events of 
the last thirteen years would seem to be sufficient to save them from reproach. 
From the repeal of the Missouri Compromise until now, no period in human annals 
of thrice the duration exhibits such deception among leaders, such credulity amon>T 
the people, such treachery by rulers and such energetic self-destruction by the 
nation. 

The United States have done more in these years to weaken confidence in free 
institutions, and have inflicted more injury upon their own people, and created 
heavier burdens for their children api children's children, than the united armies 
and navies of the earth could have accomplished in fifty ycar.s. Before these notes 
close I may undertake to show the real causes of these evils. It is sufficient now 
to say that from 1854 a spirit which is enmity to the life of the Constitution has 
been dominant. The Government has been in the keeping of its enemies. We 
read of a great man who, while an infant, was nursed by a wolf. This may have 
been and may again be possible ; but it never has been and never will be possible 
for men of extreme tempers and opinions to nurse a constitution whose only life is 
mutual concession for the common good. 

The Southern people, greatly provoked and misguided, abandoned the Union to 
preserve the Constitution. While the Northern people, lo<s provoked but equally 
misguided, made war to preserve the Union, by placing themselves under the lead 
of men who were the bitter, implacable enemies of the Constitution, and wlio were 
fore-determined to destroy or reform it. 

After four years of heroic .struggle, the Southern people laid duwn tiieir arms 
because they were assured by their enemies, and taught by long trusted but 
faithless counsellors and office-holders among themselves, that, by so doing they 
would be again in the Union as before. The many believed this and withdrew 
their support and deserted their colors. The few who disbelieved were over- 
powered. But more than two years have passed — more than half the period of 
the actual conflict — and the Southern people, now thrice deluded, have not enjoyed 
the blessings of the Union 1 Why? Because these leaders of the North— triie to 
their original hatred, and perfectly logical in that hatred — declare the Union shall 
not be restored except upon terms which practically destroy the Constitution, and 
which certainly leave no Union cxce|)t one founded in force. And thus far 
the Northern people either have failed to comprehend, or have consented to 
sustain their treachery, and, to give the last development of this most remarkable 
history, we see some of our Southern counsellors, who urged ua into sccessioa ab 
the only peacefcl method of aeouriug- our' rights ; who afterwards led us to 
subjugation as the only method of escaping miUt»ry despotism ; now boasting of 



the great confidence heretofore reposed in fhcir counsel, and advising us to accept 
the proposed terms for a now Union I 

With sucli experience fresli and still increasing, how shall we wonder if true 
men donht, if hrave ii'.eu foar, and if good men despair ? 

For thirteen yearr- the iietUKl revolution bas^ boen viglit onward, and i- stiil 
onward. He is stupidly blind who doen not Pce that the evils before us are far 
greater than the evils pic>ent and behind us. Our people have drank bitter cup.s, 
but they are as honey when cunipared with the eups they must drink if the child 
is not taken from the wolf, if the Constitution is not taken from tlie nursing care 
of those who hate it, if the Government shall continue to be administered by its 
cnemie.-. 

If anything I may s.iy shall teud, however sli<:^htly, to avert the evils which 
threaten the country, I shall not only be .satisfied, bnt happy. 1 have no party to 
serve and no per.'^onal ends to aceonipli.'^h. 

I frankly admit, my opinions heretofore have not been accepted by a majority of 
the people. T have never thought that what the uiajorit}' believed was. tbertfore, 
true ; or that what the majority did was, tlieret'ore, ri<;bt. 3Jy political life has 
been but a struggle against prevailing opinions and policies, When policies have 
been adopted and feed in spite of my oppcsition, I have labored to work j^ood 
results in spite of my conviotinns that the pidicies were unwise. And when 1 see 
the ruin which has been wrougbt, I can hut rejoice in the recollection that I was 
not one of the cho.sen architects. I d. » believe the people have nxiurned and still 
mourn only beoati.se wicked men have ruled and .still rule ; and I believe wicked 
men have been chosen to rule only becau.-^e^hey have made political i.ssuos to 
foment popular passions, and have suited their conduct and opinions to the popular 
passions so fomented. 

These notes are, therefore, given to the public, claiming no title to consideration, 
except that they are written, not to please that public, but to aid in arresting the 
further progress of a revolution which has been .so prohfic of ruin in the past, and 
Virhich is so fearfully pregnant with ruin for the future. It may turn out that no 
man — that no human power can arrest this revolution. It may be that a change 
of government, through an ordeal of anarchy, is inevitable. But this much every 
man can do : He can see to it that, if this dcftruetion must come, it shall not owe 
its coming to his consent. If the Constitution must be violated, it .shall not bo by 
him. If the Government must be subverted, it .«:hall be the work of others. This, 
therefore, patriotic readier, is all the promise I exact in advance ; that, whatever 
others may do, you will support the Constitution, and oppo."«'C whatever is contrary 
thereto. For mark this : Whatever else people and rulers may do, they cannot 
.support or preserve the Government by violating its fundamental law. 

While these, or similar notes, may ultimately take a wider range, the immediate 
purpo.se is to examine the pending feature of the revolution — the Military Bills, 
embracing what is called the Ceugressi<)na] plan of reconstruction. I have given 
the.se measures full, fair, and mature con.sideration. I entertain not the slightest 
doubt that the condu.-ions I have reached are correct, and, that if those propi.)sed 
measures shall bec(jme laws, the future developments will most abundantly prov<i 
this correctness. Before proceeding with the analy.sis of the character of the 
bills, their ellects, and the apologies olTered for them, I desire to announce the 
conclusions which the reasoning- will establish and the events will confrm, as the 
certain results of their acceptance and of the incorporation of the plan and 



pi-inciplcs proposed into the Federal Constitution and the State Constitutions of 
the ten States : 

1. Tliey will consunmiate the subversion of the Hepublic ; the destruction of the 
Constitution ; the aunihihition of individual liberty, and the ultimate but 
Complete change cif :ill American Goveinracnt from tiie principle of consent to 
the rule of force. And the results will become permanent and absolute and 
irremediable. 

2. Before this final consummation is reached, the country will pass through an 
ordeal of anarchy. This ordeal will be prolonged, and the most bitter of any in. 
history — because anarchy in a republic is like fever with an individual, most 
violent with the most vigorous, will not cease until strength is reduced or destrnj-ed, 
and no people ever hud such strength and material prosperity for the prey of 
anarchy as have the people of the United States. Besides, in the transition, two 
races will struggle for the mastery, greatly increasing the horror of these writhings 
of liberty in her passage to death. 

8. I need not, and I cannot — it is beyond the power i)f the pen — enumerate the 
terrible evils that will spread over all the land during this reign of disorder, discord, 
and decay. xVniong them will be the prostration of commerce ; the paralysis of all 
industrial agencies and pursuits ; the repudiation of all debts — National, State, and 
individual ; the disregard of all legal sanctions ; the removal of all restraints upon 
the wicked ; the withdrawal of prot<3ction from the helpless and the good ; the 
demoralization of men ; the prostitution of women; the starvation of children ; 
the ri.se and fall of factions ; the burning and sacking of cities, and the general 
devastation of the country. Robbers will fill our mountains and forests ; assassins 
will come boldly from all hiding places ; civil wars and in.surreetions will multiply ; 
leaders and followers will slay and be slain ; clans of burglars and thieves will hunt 
the rich as herds ofbutlalo hunt the green pastures, and insatiate wickedness will 
rend and tear all that is pure and good, as the hungry lion when fleshing his tooth 
in the young and tender fawn. 

4. But there is one feature of this ordeal of anarchy — one result of this devilish 
device tu destroy the Constitution by those who take solemn oatha, and make 
saintly preten.sions tu preserve it — which is di.«tinct from all others, involving 
hypocrisy without example, delusion without limit, and cruelt}- without parallel, 
and wiiich I cannot contemplate without feelings of peculiar sadness. I mean, of 
course, tlie effect upon the African race. 

A separate note must elaborate the point ; but as 1 am announcing general 
eonelu.-ion.s, I nmst not omit the result which will be, must be, the most certain 
and inevitable of all. A war of races will corne, and come early, in this hideous 
programme of ruin. This war will be produced by three chief causes ; 1. The 
ignorant, vicious, imaginative, and exceedingly credulous habits and passions of 
the negro. 2. The delusions practiced upon this imaginative and credulous nature 
by emissarie.s from the North, aided by bad men at the South, some of whom will act 
from mistaken notions of philanthropy, some with wicked purposes of selfishness, 
but the most dangerous, with views of party ascendancy. 3. The protection to 
the white race and to every interest of person and property, and life, which this 
nature, thu.s deluded, .shall render absolutely necessary. The result of this war 
will be the substantial extermination of the negro race in the llnited States , or its 
exclusion therefrom and final barbarism ; or its practical re-enslavement under the 
government of fbrce which I have indicated. 

The giddy and the foolish will say this picture of results is overdrawn. Such 
creatures never believe horrors will come till they are felt and are past remedy. 
Some thoughtle.ss good people will say God will interfere and spare us such evils, as 
though God ever interposed to .=are a people who persisted in destroying themselves. 



The aniLitious politician \?bo has determined to support ibesc measures, because 
tJiej are proposed by the strong party, will close bis ears and pass on. He cares 
cot for tbc sufTTerincrs of the pe«ij)le, or the subversion of the Government, so ho 
may reap and rule. He was a traitor to the Union, a traitor to the Confederacy, 
and would f^cll the honor of the people viho trusted him — all for greed and for 
place — first, from his own people, and then from bis people's " oppressor.*." How 
can such a man be moved by the voice of honor or be made to listen to the 
appeals of patriotism ? How can he, who is a traitor to truth, be convinced 
hy arj^nment ? How can be, whose ambition seeks only his own p:ood, be 
turned from his purpose by the exhibition of wrongs to others ? The fierj 
flames of Bulphurous hell could not Duvn the lusts of power and pelf from'the 
minds of Ambitious Lucifer and his fallen followers. How, then, can truth, 
though naked stripped ; or sarcasm, though born in gall ; or wooing appeals, 
though they come from millions wronged ; be expected to open the mind, or 
reach the conscience or shake the purpose of the hardened wretch — this politi- 
cal Lucifer — who is willing to make a Pandemonium of his country because, 

" To reifn is worth ainbitioD, though id hell !'' 

But the wise, the good, the patriotic, and the truly brave will take warning. 
These alone can save the country. The thoughtless, the seliish, the fanatical, 
and the ambitious, are its destroyers. This mad attempt by military meas- 
ures to force an unresisting people into self-degradation for no purpose but 
party aggrandizement, must pnxiucc fearful calamities which no pen can 
describe. Actual events will shame my language for very weakness in this 
feeble attempt to forecast the future. But from all these horrors there is a 
way of escape. There is but one way Trust to no party, listen no longer to 
men who iiave deceived you ; who have been false to every promise, faithless 
to every principle, and treacherous to every Government. Keturn, oh! my 
deluded and prostrate countrymen, return to the Constitution I It alone is safe. 
It is safe for all colors and safe from all dangers. Every blessing comes from 
its observance, every woe from its violation. Let us all resolve to accept what- 
ever is according to its provisions, and reject everything that is contrary 
thereto, and then fear nothing. They alone are disloyal and traitors who 
violate the Constitution, and they the vilest of traitors who use the power of 
the Government to aid and shield them in the violation. 

When any measure of legislation in America is presented for our acceptance or 
approval, the first question should always be : Is it constitutional ? or, better 
phraseology would be, Is it authorized by the Constitution ? For, in America, the 
distinctive, distinguishing feature of Government, State and Federal, is the turittcn 
Constitution. This is the Alpha and Omega of all true American Btate.-^manship. 
It is also the only impregnable fortress for American liberty. The written Consti- 
tution are words which should be lepeated by every citizen every day and every 
hour, and hold as indispensable to the preservation of American political life as is 
air, or water, or meat and drink to the preservation of animal life. 

In entering on the discussion of the Military Bills, the first remarkable fact 
which strikes us is the general conce.'^sion that they are not in accordance with the 
Federal Constitution. In the debates on the passage of the Supplemental Bill, 
some of the advocates of these measures insisted upon submitting to the people of 
the several »^tate.? affected to decide " for or again.^t" the State Convention through 
which the purposes are to be accomplished, because if the people Sihould vote for a 
Convention, and thereby admit and approve the propriety and nccesdty for the 
measures, the whole plan would be relieved of the unconstitutional objection 



Thus even Radical fanatics found it necessary to provide gome excuse ior th-sir cou- 
.K'iences! And this excuse consists in an attempt to secure the consent of the 
people — yea, of the people to ho. degraded — to tlie scheme which is to degrade theiu, 
wid thus-to refit the legality of the plan, nof upon (kc PoKfifitiif'on, but upon the 
:wisefit. of the people ! And this consent is to be secured by disfranchising iutelli 
cTC^nce, by military rule, by threats, and last, though not least, by bribery ! The 
: eijro race, duped by emissaries and aided by deserters from their own blood, is to 
give consent for the white race I 

Mr. Stanbery, in his argument belbre the Supreme Court, though denying the 
jarisdiction of the Court in the ca-'^e made, felt it necessary to disclaim any admia- 
Kion that the bills were constitutional, but admitted the contrary, and hoped, when 
the proper case should be made, which h« admitted could be made in msny ways, 
the Court would discharge its duty. 

It is true that Mr. Sumner, and r\c\\ as he, claim that Congress has the right, 
urider the Constitution, to pass such bills, and for all tlie States, and locates the 
power in two clauses of the Constitution : that which requires the I'nited States to 
'guarantee a Republican " government to each .State, and the latter clause of the 
i^'uneenth amendment, which authorizes Congress, *' by appropriate legi.-lation, to 
tijforce'' the emancipation of the slave. 

But whatever may be claimed for Mr. Sumner otherwise, it is certain he is not 
respectable authority on questions of constitutional law. No fanatical mind can be 
regarded as safe, or become respectable as an expounder of law ; becan.se fonatical 
-iiinds will accept nothing as true except what they desire to be true. But law is 
an inflexible rule, and none but inflexible minds, rigid in spite of theories and hard 
cases, can either truly learn, greatly love, or safely expound the law. 

But even if Mr. Sumner and such as he had reputation as lawyers, such reputa- 
tion would be destroyed by the very positions assumed ; for no legal, or logical, or 
well-balanced mind can say it is necessary or proper to disfranchise white people ; to 
(stablish military rule ; to abolish the trial by jury, and to suspend the privilege of 
hcheas rorjius in time of peace, for all races and colors, in order to guarantee re- 
piiblican government to the States, or to enforce the emancipation of the slave. 

It may be safely assumed, therefore, that all respectable legal minds in Aujerica, 
whether for or against these military bills as a plan of reconstruction, admit that the 
ttills are not authorized by any provision in the Constitution. Indeed, the advocates 
t f these bills find the authority for their adoption, not in the Constitution, but iu 
certain circumstanees outside of the Con.stitution — in a condition of things nut 
aiiticipatcd and not provided for by the Constitution ; and some find the power in 
necessity. S( mo in humanity, and some in international law 1 Before I conclude 
Ihese notes, it is my purpo.-e to devote separate and special attention to each of the 
apologi'j? fer these bills (for they are not arguments) ; but I wish to say now, that if 
llicse positions, or any of them, be true, then Congress has found for it.'ielf a nmch 
broader grant of power outside of the Constitution than exists inside of that instru- 
ment. Indeed, they have fuund, outside, a power by which they can destroy the 
Constitution, by which alone the Congress itself was created and has being. If this 
be so, our fathers did a silly work in providing a written Constitution. 

Then, v.e luny safely say that what legal minds admit is true, towit : That the.'^e 
Military iJills are nou authorized by any jirovision of the Constitution ; and, if jus- 
tiSable at all, Ihey must be justified by circumstances, by some condition, by somo 
jiuthority outside of the Con.«!titution. And now, wise, prudent, patriotic readers. 
levers of law and law's safety, propouad and answer this question : If Congress ba» 
& .sphere, a dominion, an existence, outside of the Constitution, whence did it come. 
wlere dcct' it lie, and what is its exien:, its length and breadth ? Po you not know 



c 



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8 

there i^ DO dominiou outside (jf the Constitution and l:i\rs but the douiinion of 
flttarchij — griiu, bloody, lawless, thriftless, hopeless auarchy ? Do you not know 
tl(at the very dclinition of anarchy i<i, oul.-^ide of thr. lo'v, disroi^ard of law, aban- 
donment of law '. Have not all pcuplo who have ;^one into anarchy, and reaped her 
jiot uf ruin, dune so under tin- pressure! of bad men nnd ciri-i/in.ifamr.-ii' And 
■will Aiuericans, black or wliitt;, abandon the well-dctiiied boundaries, the safe expo- 
sitions, (he well-tried, cvor-sufHciont and gluriuus protection of a written Cunstitu- 
lion, and rush into the wild outside to find safety for persons, or for property, or for 
'liLerty ? 

But the arf!;uuicnt must nut stop hem. These Military Hills arc not only not 
lathorizod by, but are iliroctly contrary tu, the Ci)iistitution. They subject citizens 
!ij trial for capital and infamous offences without indictment by a Grand Jury ; and 
:his, the Constitution says, shall not be done. They authorize trial without a jury, 
which, the (Constitution .sa3's, shall not be done ; and tlie Constitution, on this sub- 
jact. is so tender of liberty that it does not trust the matter simply to a prohibition, 
})nt it declares, with repeated emphasis, the right : "The trial of all crimes, except 
in cases of impeachment, shall be by jury.'' "In all eriminal prosdMitions, the 
-lecused shall (mjoy the right to a speedy and public trial by an iujpartial jury." 

They suspend the privilege of the writ of hahi'a.-< '•urj/u.s when there is neither 
in.suirection nor invasion, which the (yunstitution says yJial/ not he iJom'.. 

In these and other respects, then, these military bills are in direct conflict with 
the plainest and most .solemn injunctions and guarantees of the Constitution. 

But these bills not only thus mo.-^t flagrantly violate the provisions of the Federal 
€'onstitution, but they abrogate and destroy, in wh(.>lc, the (Jonstitntitms of ton 
States formed by the people, and authorize a new people to form constitutions, not 
according to the wishes of either the new or the old electors, but according to the 
wishes and under the direct dictation (jf the authors of t,he.>;c military bill.s, not one 
t)f whom resides in either of the ten States thus trampled on, or can be subject to 
ihe government of the (Constitutions which they thus dictate. 

Nor is all yet t(jld. These bills not only violate and destroy governments, but 
Ihey destroy — most ruthlessly destroy — the very principles on which all American 
constitutions and governments are based ; and to .vecuro and perpetuate which con- 
stitutions, Slate and Federal, woro made. Mdjiia (Charter , l>ill of Rights ; Peti- 
tion of Kights , the Settlement ; the glorious principles of the Ci'mmoii Law — the 
nmipact wisdom of centuries ; the fruits (jf many bloody revolutions ; all the 
guards and guarantees which patriots, .statesmen, judges and people, by sword and 
by pen, for eight hundred years, have been providing and perfecting to build up 
and make immortal that most wonderful blessing of human ^'onius and power — the 
structure of Anglo-Saxon liberty, are abrogated and withdrawn from ten millions 
of people, of all (lolors, sexes and classes, avTio live in the ten unheard and excluded 
States; athl that, too, by men, I repeat, who do not live in these States, and who 
never think of them but to hate, and never enter them but to insult. 

Surely this is enough, but the argument requires we to add that the body of men 
■who enacted thc^c military abominations were not the Congress, and had no author- 
ity to legislate. By the Constitution all Federal legislative powers arc vested in a 
" Cimijri'.<fi of tlie Ignited States.'' This Congress ''shall (onsist of a Senate and 
House of Kcpre.^entativcs.'' The Hou.sc " t^Jmll br cnwpof^e/i of uiemhers chosen 
by the people of the several Stafef<.'' The Senate " miiall be composed of two 
>5cnators from eocli Slate.'^ Now, was the body of men who pretended to enact 
these bills Ao rov)]iot<c(l ? If not, they did not — they eould not — be the Covf/ress. 
Why were they not so composed ? JIt/ their oirn act. Members 'io compose the 
Congress wore cho.-cn by the people and all the States for the House and the 
Senate. But the members from ten States were e.xchifjcd from their seats by the 



members of the other States, thus reducing what would have bcou a Congress ta 
a fragmentary conclave of members. No sophbtrj, no fanaticism, no ambition, 
no perjury, and no force can escape the conclusion : Those military bills have no 
authority. 1. Because they are not autliori/.ed by the Constitution. 2. Because 
they are contrary tc) — absolutely annul — tiie Constitution ; and 3, because they 
have never been passed by the Cong-ress. Naturalists tell us of a venomous 
reptile which sometimes becomes so furiously enraged it sticks its fangs in its 
own flesh and dies of its own poison. And it does seem fitting that tliese mad 
violators of the Constitution they were sworn tij support, these wild extermina- 
tors of States, these adroit but furious murderers of law and liberty, should 
first, by their own act, have destroyed themselves in their preparation and desire 
to destroy others. 

I do not shrink from, but do most heartily rejoiee at, the inevitable conclusion 
to which the argument, nerved by the very sinews of logie and warmed by the 
purest love of country, must lead ; and if American patriotism shall not finally 
and forever die, but shall wake from the trance into wiiich ambition and lust 
for place have thrown it, then will lines — dark lines — yea, lines as black as 
unstarred night, be drawn, and with a power nervous with indignation, around 
all the records and the bastard ofiicial existence of these fragmentary conclaves 
of libellers of true Republicanism, and all will be declared to constitute no part 
of authorized American law, or of legitimate American will. 

Time was ' Ah, yes, the time was when to say to an American citizen a pro- 
posed measure was not authorized by the Constitution was enough. It was re- 
jected. And. has the fierce j)0wer of war, or that pa\v(>r which, in Republics, is 
worse and mightier, and more to be avoided, than war — which is the father of 
wars — wiiich begot our war, and which seems determined, with an adulterous 
mania, to multiply its hell-visaged liroud — the corruption of party manipulators, 
wrought so great a change f And has the time already come wlien Americans — 
even Southern Americans — can entertain, as a question, whether they will 
accept, and, by that accepfance, make valid, a, propoiition which is not authorized 
by the Constitution ; which is contrary to the Con.stitution ; which destroys the 
Cwnstitution ; which mticks the very principle? which made, which gave soul to 
the Constitution, and which tramples thus on the Constitution in order to 
destroy existing Southern State governments founded in the consent of the 
people, and to form others not founded in the consent of the people ; and which, 
if! forming these new governments, dipfranchises existing electors distiuguished 
for intelligence, and enfranchises new electors notorious for ignorance ; and 
which new governments so formed are not to suit either new or old, learned or 
ignorant, black or white electors, who are to live under them, but must suit men 
who never lived in th(?se States, who never expect to live in these States, and 
who forget their own oaths and the interests of their own people to indulge the 
hatred by which they oppress the people of these Southern States ? 

And have we some of these same partj- manipulators who were born under 
our skies, who have been trusted b}' our people, who boast of their honors, who 
now advise and try, coax and labor to persuade, and by turns threaten, deceive, 
and slander, to compel us to accept this iniquity ? 

Oh, depths of infamy I Open, open, far deeper depths, for the dwelling of 
these coming monsters of treachery, that they shame not with their jiresence 
the lowest of the damned spirits which now inhabit your labjrriaths ! 

TVnm.'ber' Four. 

Having shown what every fair mi.ud admits, and wltat every legal mind 



must coiiclmk' that these military racasiucs are subversive oi' the Conatitulion 
and fatal U) tin.* very lilc of all Anjcriwin princip)les ol govorninent, let us now 
jiroceed to examine the reasous urj^ed to justify or induce tbeii acceptance by 
our people. After careful cousidertion 1 lisid that all tlie reasons which I have 
heard or read arc included in the following five propoi-ntionis and alleg'ati()ns : 

1. We are hel{)less, it is alleged, and can neither resist nor juevent the adoption 
of these measures. 

2. That if we refuse to accept this plan of reconstruction, a worse one will be 
provided. Au appeul to our fears, and therefore a strong or rather dangerous 
position. 

3. Tb»t if we reject this plan CongrcBS will liccome mor« offended, and will 
contiscate our property, and take the substance we have left. This is an appeal 
to our avarice — a very dominant passion of human nature. 

4. That we of the Soutli are a conquered people, and are bound to accept tho 
terms of the conqueror, and tliat these bills are the terms of the conqueror. 

5. Thtit the negro, being now free and made a citizen, is entitled both for his 
own protection, and in accordance with the principles of popular government, to 
political as well as civil equality with the white race, and that civil equality will 
be idle without political equality. 

This last position is urged chiefly by Northern supporters of these bills, and 
has a semblance of consistency and principle, and I have, therefore, included it 
in the list of arguments or positions to be an.swered. 

I have no difliculty wlialcver in finding the most satisfactory replies to all these 
alleged reasou.s. Indeed, I affirm, with absolute confidence, that all the good 
•which it is claimed will come of the acceptance of these measures, will come and 
can only come of tlieir rejection; and that all the evils which it is alleged well 
result from their rejection will necessarily and naturally result from their accpt- 
ance. But 1 find it veiy difficult while writing and impossible while speaking, 
to exhibit what I do notl'ecl; and, while making the analysis, it will be a task to 
exhibit respect cither for these positions or for those wlio use them. For the 
educated politician — the man who has experience in public affairs and who aspire."? 
and labors to be a teacher and counsellor of the people, and who urges these 
teachings and counsels, "I am exceedingly filled with contempt;" because I can 
tiut believe that such a man consciously desecrates the truth, and recklessly, 
but with most conciliating address, hazards every interest of the people only 
that he may take the benefit of being "on the strong side " Alas, what pen 
shall ever be able to recount the countless horrors which have resulted from—* 
been wrought by — that demoniac spirit of our political leaders to be on the 
BtJong side, and to make issues and pander to passions "to keep the strong- side I" 
This spirit made "bleeding Kansas;" rent the Union in twain; drenched the 
country in blood and clad the people with mourning; demoralised, deceived and 
betrayed the most gallant people under the cycles of the sun to the most huniil- 
iating subjugation, and now counsels, urges, threatens to compel dishonor to a 
people who have nothing but honor left. 

But 1 know thei'e are many people who are honest, and even intelligent on most 
subjects, who commit grave political errors and mistakes. It would be strange 
if they did not when there are so many inlluences to deceive. In popular gov- 
ernmentE, therefore, and more especially now, since so much power is propo.sed 
to be given to so much ignorance, it is necessary to answer the knave in his 
argument lest he make a fool of his hearer. 

First, then, it is said we are helpless and caniii it prevent the succcs.s of these 
Military Bills. Well, if this is true, uhy (usk our cunsent? It success does not 
depend on consent, why beg and coax and threaten to secure consent ? If we 



11 

must De disfranchised and h;ive an "enemy's gi)V(Tnmcn(" forcoil upon us, sptie 
us the gratuitous dishonor of consenting I If :\ fiend, with tlio power, should 
come to burn your house, or rape your wife or kill your family, and should coolly 
ask your consent, saying you had butter consent, for ifyou did not, he would burn 
or rape, or kill any how, and perjiaps, being incensed by your relu-sahdo all; would 
you consent? I like the spirit of the old Roman centurion, A decemvir — a ruler 
of the strong side — became enamored of the; humble centurion's daughter. 
He first persuaded, but persuasion failing to secure consent, he resorted to his 
power, the power of his ofBce. When the hour oJ supposed helplessness was 
reached the father snatched a knife and plunged it intothe breast of his daughter, 
exclaiming, "This is all, my dearest daughter, I can give thee to preserve thy 
chastity from the lust and violence of a tyrant.'" And what was the njsult in 
heathen Rome '' The .soldiers and people honored the father, and rose with indig- 
cation and abolished the decemviral power of Rome forever, and th(i guilty decera- 
Tirs slew themselve.-^. And to this day the thing is told as a memorial of the 
noble father, and of the glorious army and people who avenged him. And the 
daughter's name was Virginia. The virtue of all our daughters, and the pride of 
all our sons are secure only in our sense of honor as a people. 

But are we helpless ? If wo contemplate resistance by arms, I concede that 
now we arc helple.ss. But our strength is not in arms. Our strength is in the 
Constitution. If the Constitution is strong we are strong, and if we are helpless 
the Constitution is helpless. I have shown if these military measures he forced 
upon us the Constitut. on is destroyed. On its parapets alone let us mount our 
guns and fire on. The most startling evidence of our progress- toward anarchy, is 
the idea with some, I fear many of our people, that the Constitution can do us no 
good. The very thought should alarm every man on the continent who has 
property, or liberty, or peace, or who desires to get or to keep either. The only 
possible hope I ha/e in the future for anything good or safe to the people of any 
section and of any color, is founded in the belief that the Conititution is not dead — 
J8 not helpless. It has been sadly disregarded, abandoned, and trampled on, 
I admit. But its enemies are too cruel. Tlicy insist upon dealing their 
blows too often, too qu'tkly and too recklessly. Their motives are becoming 
manifest. The murderer's intent is at last being seen. The people will come 
to the rescue: they will come in wrath, and these long rioting enemies will 
call on the very mountains to hide them. If I am mistaken — if the Consti- 
tution is dead — if the people have lost the will to save it — then patriots and 
Christians, and all order-loving men have but one duty to perform. That duty 
16 to pray — pray earnestly — pray unceasingly, that the Caesar of American 
history would come and come quickly. 

Our nobJe Governor sought to test the constitutionality of these measures 
before the Supreme Court by a bill filed in the name of the State. I am glad 
be did so. It was a manly effort, for which our children will praise him. Be- 
Bides, lie gave the Court an opportunity of deciding an important question 
which may be one day invoked. He failed to get the test, because the Court 
waa liot able to decide that it had jurisdiction in the form in which the ques- 
tion was made; tot because Georgia was not a State, but because Georgia 
l)eing a Slate the question, as made, was political only. But the hum- 
blest of tho ton millioiiB of the people of the ten States, whose rights 
of person or property are interfered with by one of these military oflScers, 
can make the qucstiou and make it judicially ; and then the Court must decide 
it, ai;d will decide it, av.d can decide it only in favor of the citizen. I do most 
earnestly hope that every citizen whose property is seised or whose person is 
arrested und»r pretence of these Military Bills, will promptly appeal to the 



12 

law. I am aware that our people arc attempted to be frij^htened imm this 
appeal to the Courts because the}' are told it will be years before a ileci.sion 
can be forced ! This is not true. A decision on a writ of haU'os irirputi must 
come at owe horn the District Court, and in a short time from the Supreme 
Court, But, if this diday is to defeat the application, would not pcoplo for the 
same reason assert no ri^lit'by the law, and thus submit to all outraires or 
take the law in tiioir own hands ? And must the ri.c^hton which all rights 
depend be abandoned bocansc the law is slow ? 

But, it is said, tha>t wiiile the Courts are waitiuer, the Congress will complete 
its work. But, if the Courts tinally hold that tiie work is completed without 
any authority under the Constitution, will not all the work go for nothing and 
our existing' government be restonjd ? 

But suppose it will take one year, or live years, or ten years to "force the 
Court to a decision V Would it not bo better to brook the Court's delay for 
even ten years than tc) accept anarchy and slavery for a century ^ 

No, there is neither logic, nor sincerity, nor patriotism in tliis argument or 
excuse, that we are helpless. If we consent to and accept these military 
measures, then we are helpless, because they, by that consent, Itfcome valid — 
hecomr our act. If we do not accept — if we vote against a Convention — they 
never can become valid. Thoy can never be finally enforced. This is the rea- 
son, and the only reason, why every mi.'ans is resorted to to secure our consent. 
Without that consent these acts have no vitality. There is for these corrupt 
party manipulators and bribed deserters from their own honor, no refuge from 
disgrace, but in the success of theirschemc of ruin. There is no possible way 
of success except by the people's consent to their own ruin. Tl>erefore it is, 
that emissaries come, and renegades labor, and original secessionists become 
orthodox loyalists, and by persuasions and by threats, by bribing some, aud 
alarming others and deceiving all, seek to get the people to con>tenf. 

The wicked violators of the Constitution would cover their crimes by calling 
it Progress and getting the people to tread with them in their country's death 
march. 

The itinerant vender of his people's honor would escape the infamy of hi.s 
trade by inducing the people to join in thi^ sale. 

What! will the people violate the (Jonstitntion to get .strength, or abandon 
the laws to find f«afety ? Then, is the mariner skilled who throws away his 
chart and com])ass to tind his way over the sea ; and the madman has become 
wise who forsakes his shelter to avoid the storm. 

"One of the banished crew, 
I fear, hath ventured from the deep, to raise 
New troubles." 

IV limb c 1* I<^ i V e , 

It is said, in the next place, that if we do not accept the present plan of 
reconstruction proposed in these Military Bills, another plan, more odious and 
oppressive, will be provided. Further disfranchi.semcnt, it is said, of the white 
race will take place, and, it may be, a total disfranchisement of all but the blacks 
and their fellows in sufl'erings and former bondage — the persecuted loyalists ; 
and who alone will then have the government of the State. 

But if the present plan fails because it is unconstitutional, how can a worse 
plan — a plan still more unconstitutional — succeed ? If it is not in the power of 
€ongre.ss to disfranchise a few, how can it disfranchise all? Congress cot? 



13 

neither make nor unmalr. derlur^, and every uienibt;r of the Congress knows it. 
And every act which seeks or pretends to muke or unmake voters in a State 
is void and null, and will be declared so ; and every election held, o\- constitution 
formed, or fjovernniont orp^unized by voters who arc made vntcrs only by Con- 
gress, is void and will be declared so. Every man who is made a voter liy the 
law of his State, and is denied that vote by Congress, is wronged, and every 
agent or ollicer of the Congress, or other person who enforces thr; denial is a 
nro7u/-doei\ and responsible in all the pcTialties and damages prescribed by the 
State laws. ' The only danger possible lies in the strange fear of the people to 
assert tliuir rights, and the consequent disposition to conxenf to the irnmr/. From 
consent alone can wrong derive power, and when once consented to its power 
becomes irresistible. If they did not see, or think they saw, a fatal inclination 
in our people to yield, Congress and the renegades would not ask their consent, 
nor dare to inflict the wrongs. For to attempt the wrong and fail (and without 
consent they must fail), can only bring ultimate disgrace on those who make the 
attempt. When tlie burglar knows the owner of the house is awake and deter-* 
mined to resist, he will not dare enter ; bat if he knows the owner i.s asleep or dis-l 
posed to yield, he is sure to enter ; he is invited to enter. A Congress, or a' 
fragmentary conclave thereof, who breaks the Constitution to inflict wrongs on 
an unresisting people, is more criminal and far more cowardly than the burglar ; 
and the man who is within — who is of the people — and who counsels submis- 
sion to the wrong, is far more to b<' despised than a I'urglai', or than even such a 
Congress. 

Of like character is the threat that, if we reject this plan, Congress will, in a 
now plan, add confiscation. He is to be pitied for his simplicity who does not know 
that t.-ongioss has Jio more power to confiscate the property of a peaceful citizen 
tha)j has a political meeting or a church mob ; and that the very attempt would 
neee-stirily end tin; e.vistence of the Congress attempting it. 

Bur, unmanly and without foundation of either law or reason, as are these 
threats of further attempts at disfranchisement and confi,scation, they are ol 
surpassing importance in other respects, and demand the most serious consider- 
ation of our people. The position urged upon us is this : We must .submit to a 
proposed wrong lest a greater wrong follow. We nnist surrender our franchises, 
because, if we do not our property will be taken also. Now, the tirst point to 
which 1 beg attention is this : These positions admit that the party (or power, 
if you please) which proposes the present wrong, has already the will to inflict 
further wrong ; that the Congress which requires you to con.scnt to the destruc- 
tion of your franchise, has already the ■will to rijb you of 3'our })roperty. 

Thus, you arc asked to place your property for safety in the keeping of 
that power which already has the will to take it. You are importuned to 
escape the power of the lion by rushing to his embrace ; to avoid the fang of 
the serpent by placing your hand in his month ! 

This is preci.scl}' the point. Will every man in the South ponder it, repeat 
it — never forget it ? Disfranchisement, confiscation, und far wor.se evils will 
not come, they cannot comc.through oui r.y.intinf/ State ijnvernnwnt. Never ' But 
they can come, and they will come through tlio governnu^nt,which this plan of 
reconstruction proposes to establish for our existing State governments. Who, 
in all these States, favor or agitate for confiscation except the North(n'n emis- 
sary and Southern renegade, and the negro, when prompted and directed by 
these emissaries and renegades ? Are we not warned ? Bead the resolutions 
of negro conventions and whenever you find one of these conventions in which 
these emissarie.5 and renegades are the devilish prompters, you will find confi.sca- 
tijD threatened, or npologi.sed for, or justified or donanded. And tliese ore the 



14 

▼cry men who arc to form, organize, control and administer, and enjoy the officcci 
under these new governments proposed by these Mih'tary Bills. And when we 
admit the power to abrogate existing governments and organize new g'lvernmcnts 
to be composed of such men with such vicwa and for such purposes, then abro- 
gations and disfranchisements and new organizations, will continue until such 
men do effectually control, and such views and purposes do effectually prevail. 
The whole purpose of these Military Bills is to add these ten States to Radical 
party power; nothing less than the complete accomplishment of the purpose will 
be accepted. And this purpose can never be acconiplislicd but bj disfranchis- 
ing, impoverishing, destroying- and driving off all the true, and noble, and manly 
and country-loving ofthc Southern people ; and delivering over our bright and 
beautiful land to the riotous rule and miscegenating orgies of negroes, yankees 
and base apostates from their own kindred, color, country and blood. I would 
not f'^ar the docile negro, left to himself. He would soon know his true friends, 
sec his interest, and be useful. But the Africanized white man is an enemy to 
the peace and interest of both races, and would be an admitted monster in any 
age or country of barbarians. 

I admit, then, that we are in danger of confiscation. Those who outlaw pa- 
triotism and intelligence, would not scruple to rob. The representatives who 
violate the (.'onstitution they are .sworn to support, in order to abrogate State gov- 
ernment, and reduce the people to military bondage, could not add to their ini- 
quities by taking the little property we have left. As a people we have but little 
— scarcely enough to prevent starvation. All the world seems to be moving to 
send bread to keep us alive. What a curious people we are 1 fit objects of chari- 
ty and fit subjects for confiscation ! The same train brings the bread to feed, 
the officer to oppress, and the cniis.sary to breed strife and to rob ! Alas, we have 
been robbed — robbed in war and in peace, and ty foes and by fricntls. 

A few are rich. They prospered while their victims were sacrificed — showed a 
talent to make money while their dupes showed a will to lose blood These 
might naturally dread confiscation, and, in view of the sacrifices they made to get 
property, it may he reasonable they should make great sacrifices to keep what 
they made, for what is honor worth to such ? But even these should not altogether 
lose their reason. May ihey not be nursing a power that may consume them? 
Theives are not always te be trusted, even hy their friends and co-laborers. 
It is safer to avoid a danger than tnust to controlling it. 

When we abandon the s!tfcp,-uard of the Constitution, and trust ourselves to the 
rnagnananimity of its violators, we shall embrace the surest means of procuring 
the loss of all things. But I scorn to pursue such a line of argument. 

A people who arc willing t(^ sacrifice honor to avarice are beyond the 
possibility of redemption. If the very statement of the proposition does not 
awaken a feeling" of abhorrence, we are indeed in a sad condition. If any- 
thinj;"caM lie baser than dc.n'radation, it is such a motive for sinking to it. Lost 
projierty may be recovered ; burnt cities may be rebuilt; devastated fields 
may bloom again ; even buried children, fallen for their country, will live 
again in the quickened spirits of new generations. But as witii individuals 
sri with people and comninnities — the sense of honor once lost is lost forever. 
\Y('a, more; the history of Iniman nature, singly and in communities, teaches, 
without exception of example, liiat when self respect is once lost, self-abase^ 
ment tince accejitcd, cities, lands, lilierty, country cannot be retained. 

It is natural, too, that all others should lo.sc respect tor those who lose re- 
ppect for themselves. If we accept the humiliation proposed for us, all man- 
kind will be ashamed of us, our cliildren will be ashamed of us, and our very 



15 

enemi?8, whose hatred prompted the shame, will mock and deride ns. Even, 
nowl boleivc the impression which a few have been industrious to produce., 
tiiatoiir people are willing to reconstruct under these acts, has damaged as 
more in the estimation of all honorable minds than anything else that has 
happened. I do not know Gen. Pope, but if, as I assume, he posesscs the ordi- 
nary instincts of honor that belong to an American gentleman, he mu3l 
have felt an almost nauseating pity for the poor men who gathered about him 
in Atlanta, and forgetting the history of their fatiiers and tiic character of 
our institutions, welcomed in feasting and rejoicing, the inanguration of mili- 
tary despotism over one of the Old Thirteen, whose sons were in the first rev- 
olution, and who holds in her boosem the ashes of Pulaski I A brave man 
loves courage in others, and despises cycophanc}' which makes sacrifices to 
power to secure safety, perhaps patronage, for itself Heroism in defeat, pa- 
tience in sufiering, the preservation of honor in the midst of misfortune, are the • 
sublime virtues which everything on earth admires, and everything in Heav- 
en rewards, and whicii never fail to lift a people possessing them, however tem- 
porarily unfortunate, to final prosperity and renown. And a people, however 
groat, who propose dishonor to the helpless, who would take advantage of mis- 
fortune to force oppressions on the unresisting, will surely sink by the weight 
of their own infamy and to, ruin everything on earth and in Heaven will re- 
joice at the fall. 

I admit that I have often oveirated the intelligence, and virtue, and endurance 
of our people. Everything they have done, from the suicidal repeal of the Mis- 
souri Compromise to the criminal and factious deinorlizatiou whicli compelled 
our surrender, has been contrary to my wishes, and against my protests. But 
I do not believe they are so lost to every instinct of manhood as to accept the 
plan of Slat ' destruction proposed by the fanatical representatives of other 
States, as contained in these Military Bills. Many at first were taken by sur- 
prise, and were tempted with a desperate thoughtlessnes? to yield. 

But they will reject the hateful thing they hud almost embraced. 

iVniTil>ev Six, 

Of all the pretexts whicli lia%'e been used to justify the oppression of the 
Southern people, none is so faithless in character, or so destitute of foundation 
in truth and law. as the one that the Southern States and people, being con- 
quered, are subject to the will of the conqueror. It is time our people fully 
understood this question. They need the information to protect thorn from the 
very deceptive puri)oses of their own active Southern born counsellors. We 
might be surprised at the ignorance, if we did not know the treachery of the mo- 
tives, of those who, in this day of civilization labor so earnestly to iix in the 
minds of our people the idea that when one party yield.s to another in a war, 
the yielding party submits thereby all rights of person and properly and of polit- 
cal government to the will of the conqueror. And that such advice .'should be 
given by those among us who profess to be actuated for our good can be ex- 
plained only on the hypothesis that Mie real purpose is to betray for a conside- 
vation. 

The late war was either a rebellion, or it was a civil war, or it was a foreign 
war. Each name has its advocates. Others, again, give the war either or all 
these characters by turns, as the giving of either or all can be supposed to ju.v 
tify some oppression on the unsuccessful party to the conflict. I shall not stop 
to prove that it was, what history can only call it, a civil wai . Whether it wai 



IG 

the ono or the other, there is an question in all iuivnuitionul or municipal l;iw 
better settled, or S'^ttlel on more manifest fouM'lations of natural rea:«on, social 
justice anil public faith, than is tho f|ae'?tioa of the rights mxA powers fif tho con- 
queror and the rigiits aud oblip^atious of the omiuered. 

All cuiifliot.-?, whether between a sovereipj'n and his .subjoet.s, or between two 
parties in a goveriim'^nt or republic, or between two independent nations, are 
founded on some question, some difference, making an i^suf* botween the parties 
which reason has not been able to settle. The parries take up arms to solve the 
question and settle the issue between them. 

Every war ends by compromise, or by one party yielding tn the other, either on 
terms or without terms. If the end i-: by compromise, the terms of the compromise 
constitute the law of the peace. If one party surrender on term-?, the law of peace 
Ls the issue of the fight (pialiliftd by the terras of the surrender ; if the surrender is 
without term?, then all the qup.^tinn.^ involved in the U-tvi^ are settled in favor of the 
conqueror; but no question not distinctly involved is settled or afTected 

Now, two things must be distinctly understood and fixed in the minds of the 
reader. 

1. Where must we look to find the terms on which the conllict ends, and which 
make the law of the peace between the parties ? 

2. At what time nmst the.se terms be made known or agreed upon ? 

Wars between independent nations are usually ended by treaty, and, of cour.se, we 
must look to the treaty of peace to find the terms of the peace. W^hat is not found 
in the treaty i.s not .settled. So also in civil wars— treaties are .sometimes made aud 
have the same force and effect as when made between independent nations. Usu- 
ally, however, treaties are not made between parties to civil war or a rebellion, 
because the sovereign or party claiming to be the legitimate government will not 
treat with tho,se whom they persist in calling rebels, because to treat with them is 
to admit a sort of implied independence or authority. In all such cases, in order to 
find the terms of the peace, we must look to the causes or differences which actuated 
the parties in taking up arms to the declarations and demands of the parties at the 
time of beginning and during the progress of the struggle; to the promise* made or 
assurances proclaimed by the victor to induce the adversary to lay down his arms, 
and to the negotiations and terms of the surrender. Whatever is nut there found 
is not settled, and forms no part whatever of the terms of peace. 1 need not add 
that all the treaties, declarations and prouiisos are to be interpreted, not accordhig' 
to the discretion of either party, but in the light and according to the rules of the 
laws of nations and the established principles of natural justice and g'ood faith. 

In the next place it must be stated, that whatever either party, in ca.se of a eo.m- 
promi.^e or a treaty, or the victor in case of a surrender, intends to demand as a 
condition of the peace, must be made known before or at the time the treaty is 
made, or before or at the tinic the surrcntler is accepted. No party agrees to what 
iH not made known, or surrenders to what is not claimed. To tlemand new guar- 
antees after a treaty has lieen made, u a breach nf (he treaty ; and to prescribe 
new terms of .surrender after the surrender has been accepted, is deemed infamous 
by all maiddnd, and in both cases is held to be a new and just cause of war. — 
And when such conduct is e'shibited towanl an adversary who has given up his 
arms and submitted to the victor, and is thereby unable to renew the war, the 
party guilty of it has no claim to the confidence or respect of any people, for he 
brings the faith of promises into disrepute. 

"The faith of treaties — constancy in fulfillin^j our engagements — is to be held 
"sacred and inviolable, and if mankind be not willfully deficient in their duty to 
"thcm.sclves, infamy must ever be the portion of him who violates his fixith.'' * 



17 

* ■* * "And, in general, the sovcreii^n, whoso word ought everf** 
"be sicrod, is bound to the faithful ob.scrv;ujoc of every promise he lias made, evew 
"to rcLel.^ — I mean to su..'h of his .subjucts as have rebelled wdhout reason <>r ,iectt-- 
"s-ity." * * + ***** "But tyrants alone- 

''will treat as seditiou* those hravo anil re.-^oliito citizens who exhort the people- 1»> 
"preserve tliera.selves lV>m oppression, and h) vindicate their rights and priTiiegea, 
"If a ^luod jtrince has justice and his duty at heart — if he aspires to that JmnxiT- 
"tal a!id un.sullicd glory of beinyi: the father of his people — let hini mistrust tl^- 
"selfish suggestions of that minister who represents to him as rebels those citizeua- 
"wlio di^ not s/riVc/i oid their ne<'Ls to the yoke of slavery — who refuse tamely tc' 
"crouch under the rod of arbitrary power." 

"And if there existed no reasons to justify the insurrection (a circumstance • 
"which, perhaps, never happens), ev^n in such case, it becomf-s necessary, as w*.- 
"have above observed, to grant an amnesty when the offenders are numerous.. 
"When the amnesty is onci-; piibUt<iied und nccej)trd, oJl (he pciM naist hn buried in 
"oh!ivL"ii ; nor must any one be called to account i'or what has been done duriBji 
"the disturbances-'' VatteJ. 

There arc cases iu wiiich a party to a conliict may increase his demand.s dnrkj^" 
theconfiiot, or he may make tiiesc demands during negotiations for peace. jSt 
may demand the removal of the cause which, in his judgement, produced the conffict:. 
or he may dt^mand .seciiritie,^; for the ob.>ervai)Cf^ of promises ; or the expense of tiit 
■war; or nny other tei-ms which may reasonably tend to make peace permaneut. — 
But in all cases such demand nnist hx distinctly n:ride before the treaty is agreed tc 
or before the surrender is accepted. To make such demands afterwards is a bfl.v- 
treachery of which any powrr, great enough to be a victor, ought to be deenicfX 
totally incapable. Even in cases of rcvolf, when the revolters are subdued f//?(/ sue"- 
for pra'-i\ the amnesty may except the authors "f the disturbance; but even theti: 
only that they "may be brought to a leijal (nal and punished if found guilty." 

'•At the present day it seld<im liappuns that either of the belligt'rent.s persevere:? 
"to the last extremity before he will consent to a peace. Though a nation msj 
"have lo.st several battles, she can .still defend herself, as long as she has men ancy 
' arms remaining she is not destitute of all resource. If she thinks tit, by a disa^- 
"vantageous treaty, to procure a necessary peace — if by great sacrifices sh(; delivercf!^ 
"herself fi'om imminent danger or t(>tal ruin — the residue which remains in her pos- 
"session i> still an advantage for which she is indebted to the peace ; it Wiw Ijci 
"own free choice to prefer a (•(yrfmn and immediate loss, but of luniicd cdcnt, to ac 
"evil of a more dreadful nature, wliich, though yet at some distance, she had but t(K 
"great reason to apprehend." — VatM. 

But how does she have a "residue of rights remaining," according to the terms oi. 
the peace, if new terms of total ruin may be pre>cribed after the peace ? How a- 
th(! extent of the loss "limile.d" by the terms of her surrender, if unlimited exac- 
tions may be made by the victor afterward.-' Whatever the con(|ueror demands- Lt- 
mu.st deiiiand while his adver.«ary has 'nieu and arms remaining." A coni^viered: 
people are never "subject to the vill of the conqueror." Noiie but very barbarouK- 
people und Northern Rjidicals and Southern reneg.ade,« ever said so. A concaiere^ 
people are .-ubj.'ct to the Icdio- nf f)v <-i,nimp.-<l made- known and demanded bcfoie er 
at the time the conquest jx aibnittrrf, and to no after terms or will whatever; aof?. 
none but a treaclierous conqueror would demand more; and none but a mor-e treacE- 
crous and very base conquered would concede more. Rapacity onlv claim.s msrc 
than the bond' Servile cowardice alone r nytienttio more. "If an unjn.st and rajia- 
'■'■cioay- conqueror subdue.- a nation, and forces her to accept of hard, ignominitWE:. 
"and insupportabh' conditions, necessity obliges her to submit; but this apparcKJ 
"ti-an'[uility is not a peace: it is an oppression wliich she endures only so long av- 



IS 

"•sLc wants tbc mcaua of shaking it off, and against wliich mm o^\spirif rise ou the 
"'first favorable opportunity." * # * # "Will any man pretend 

'tflttta people ho oppressed would not he justifiable in seizing a conveuieut opportu- 
""nhy to recover their rights, to emancipate themselves, and to expel or exterminate 
"^ihti ho3^i€ of greedy, in^ioleut and cruel uiurpert^ ? No I .such a monstrous absurdity 
"'icati never be seriously maintained. J:Jesides, were you to preach up the contrary 
"doctriDo, which is so repugnant to all the feeUng.s and .suggestions of nature, where 
'•could you cxpi.'ct to make prosolyte.s .'" — Vallrl. 

Muet the an.swor to the question of this noble writi'r— who livi d in a former gcn- 
•enitioi] and in the midst of Europwan despotism — he that pro-sclytos to a doctrine 
eo repugnant to the fceling.s of nature are found hero in free America — in proud 
i^Sonthoru America. Yea, more ; tluit here, in (jeorgia, men claiming to be leaders, 
favorite adviser.-^ of the peojde, long trusted by the people, aic to be found teaching 
the people that they are not only bound to submit to hard and ignominious terms 
whicli they have accepted, but they arc liound to submit and ought to submit to such 
terms when they have not accepted them, and that they are bound to submit and 
•ought to submit to irhaUver the ivill of a conqueror may demand after they have 
Jaifi down their arms? Still more, not only )<ubmtt but consent to accept and de- 
ieu<i and justify such terms of the conqueror.' — terms that abrogate their govern- 
ments, and adopt new governments made by their former slaves to please and suit 
flnly.t'ieir oppressors ! 

\ wish to call the reader's attention to one rule to be observed in ascertaining the 
terms of peace, and then we will proceed to apply the rules to ascertain the terms 
■of peace between the parties to our late civil war, and what are the rights of the 
-conqueror and the obligations of the conquered. The rule is this : So far is it from 
-^jeing true that the will of the conqueror is the law of the conqueied, that all point.-^ 
of •'ioubt, in ascertaining the terms of the peace as lixed before the surrender, are 
ik) be construed against the conqueror. 

■"Incase of doubt, the interpretation goes against iiim who prescribed the terms; 
"for as it was, in some measure, di<'tatcd by him, it was his own fault if be neglected 
■*to express himself more clearly, and by extending or restricting the signitieation 
~of the expression to that meaning which is least favorable to him, we cither do him 
'*D« injury, or we only do him that to which he has willfully exposed himself; wherea.s 
''"by adopting a contrary mode of interpretation, wc would incur the risk of convert- 
■"Lng vajrue or ambiguous terms into so many snares to entrap the weaker party in 
"the •contract, who has been obliscd to .subscribe to what the stronger had dictated." 
— VaUd. 

"So we see, iu all wars, the conqueror must not only make known his tarms be- 
'fewe bis adversary's .surrender is accepted, and "while his men and arms are remain- 
iti.fr,'' but he must make known hi.s terms didiiLCtly, and if he fails to be distinct, 
tfee injury shall result alone to the conqueror, because a contrary rule would entrap 
■tfcfl weaker jiarty. What would become uf the wrecked [larty if the conqueror were 
not only relieved from the duty uf making known his terms before hand, but were 
slloved ti: prescribe terms according to his own will after the peace was declared? 
The very thought is horrible to all honorable minds, whether of the conqueror or 
ihe canqoertd. 

Whether the lale war was a rebellion, a civil war, or a foreign war, the terms of 
oeace ui-e ni.t di'ubtful. They were prescribed by the conqueror — the United 
States — most Solemnly prescribed, while the 'arms and men" of their adversary 
""were remaining." They induced thousands to lay down their arms in advance; 
cTen to desert their colors. They prevented the independence of the Confederate 
Slates by giving .strength to internal treachery, and now to insist upon other terms, 
iaving no law but the will of the conqueror as expressed by a fragmentary coa- 



19 

clave of Cun;Ti-es:sional merubcrs, is to insist upon a treachery which would saamo 
the tyrannical conqueror of the unft;)rtunatc Montezuma. To those terras of peace 
the reader's attention will bo invited in the next note. 

IS"ii.iiit>ei' ^even. 

The late civil war did not end by any formal treaty of peace. The United 
States, though recognizing, by all the departments of their Federal Govern- 
ment, the Ci)ul'cderate States as a belligerent party, would not recognize the 
right of making a treaty by their enemy, lest a sort of separation or iudepen- 
tlence should be implied. 

"We mu.^t, therefore, look to the grounds of difference whicii brought on the 
contiict — to the declaration by the United States of the purposes of the war as 
made at the beginning and during the progre.ss of the war, and to the condi- 
tions or stipulations of .surrender, fcr the terms of peace, and the consequent 
rights of the victor and the obligations of the vanquished. For we must admit 
that the doctrines of the issue, as insisted upon by the United States, and the 
purposes and demands of the United States in making and carrying on the 
war, and the terms of surrender, were agreed to by us in the act of surrender, 
and, therefore, make the law of the peace for both parties, being thus demanded 
by one party and conceded by the other.* 

*NoTiJ. — The reader will observe that I do not claim the doctrines and purposes 
of the Confederate States as constituting any of the terms of the peace. These were 
all defeated in the tight, and were ahau'loned by the surrender. The official declara- 
tions and purposes of the United States, as avowed before the surrender, were the 
terms to which tho Confederate States agreed to submit by the surrender, and with 
which the Uaitud States are bound to be satisfied; and thus they form the law of 
psa,ce. Yet, a (roorgiau, outf boa-'ciag o( the honors conferred on him by the people, 
in a late speech at ililledgevillt;, tell.-^ us we are out of the Union according to our 
own position! ''When we surrendered, after a gallant tight, we were, upon oar own 
declaratioa, a conijuered foreign State, subject to the will of the conqueror!'' as 
though that very sarretider did not rlefent our declaration, and make good the decla- 
ratioa of the conq.ieror, that our secession was wil^ and that we were not and should 
not be out of the Unloa as a foreign State. One of our own teachers, who tells us 
his children are to live among \Xi, miking, in the sitme breadtli, our wi7Zand the will 
of the eaemy alike ou,r law, if, by such contri'Iiotory ])03itions, he can harm us in 
both cisei ! Such perlidy is surpassed only by the slander that Mr. Davis "'made 
strong etf.jrts to get a />er/)«f(ii^ suspension of habeas corpi's,^'' a»d by the littleness 
which qaotes tiie coacUisiua o( the p^citioa for hibeii corpus, the mere formal con- 
clusion of all such papers, as evidence of hamiliation or inconsistency on the part of 
Mr. Divis! And yet he exclaimj, as if his motive was suspected and needed vin- 
dication : "What iateres:, then, c-.vn I have in mislealing yoa V 

A great writer gives us an accouat of a very similar speech which was made long 
ago, by one who had been "often lioaored;" and after quoting the speech, adds this 
comment: 

"So spake the false dissembler anperceived ; 
For neither Man nor Angel can discern 
Hypocrisy, the only evil that walks 
Invisible, escei t to God alone." 
Bat that speaker himself afterward, \n^»oliloqu9y, gave the explanation of all his 
attempts at deception. He said-. 

"But what will not ambition and re venge 
Descend to I Who aspires must down as lo n 
As high he soar'd ; obnoxious, first or i u" ^ 
To basest things.'' 



20 

Tho SoutLeni State? insisted — 

1. That the Ftiilera] Constitution wns a cmipart, to which the States were 
parties, ap separati^ anJ inJepenieut States : and, therefore, wero parties, with 
the right, by virtue of their s'.'par.ite sovereignty, of withdrawal I'rura the cum- 
pac*. when, in tliu judgment of the State withdrawing, her interest or safety re- 
quind withdrawal. 

2. That tht" admini.-tration of the common government by a sectional i)arty — 
scetional because organized on principles of avowed hostility to a right of pro- 
perty held by the citizens of the Southern States and recognized in the Consti- 
tution — would endanger the interest and safety of such State, and, therefore, 

ustiljcd the cxt reisi; of the right ebiimed to withdraw. 

Many in the South bclicvc^d this right to withdraw would be conceded by tho 
party then coming into power in the United States, and that, therefore, the 
secession would be pcaeeable. They were encouraged to believe this, beeau.se 
this doctrine, thoi.gh now and for years advocated at tho South, did really 
originate in New luigland, and first came as a tlireat froui that quarter of the 
Union ; because, also, many of the prominent organs and leaders of the new 
party did concede the right, and some declared if the Southern States chose to 
exercise it, they should do .so in peace. 

But this ini]iressiou proved to be a very fatal mistake; and it is very certain 
that tlie United States, and every department of their government, in the begin- 
ning and throughout the duration of the struggle, and until after the final sur- 
render, did deny, in every official i'orni, both the right of withdrawal, the validity 
of the attempt to withdraw, a.s well as the sufficiency of the case made to justify 
the attempt. 

Thus the right of a State to withdraw from the Union became the great, 

\ leading question of difference between the parties to the conflict, as made by all 

\ the official records, and was the main question to be decided by the conflict. The 

South insisted the Uni(jn was dis.solved ; the North denied it ; they joined in 

battle to decide the question. Now let i\s see the ojfiria! proof that this was the 

^ original issue. 

In Mr. Lincoln's iir.st Inaugural Address we find the following language : "It 
"follows, from these views, that no State, upon its own mere motion, can lawfully 
"get out of the Union ; that resolves and ordinances to that effect are U'jaUij 
'^void." * * * "I, therefore, consider that, in view nf the Constitution and 
"laws, the Union is unbr<jk:en, and, U, the extent of my al)llitY, I shall take care, 
"as the Constitution itself expressly enjoins upon me, that the laws of the U'nion 
"shall be fiithfully execute-1 //. all the Slatci^." 

Here two things are plainly asserted by the Executive power of the United 
States : 1. That the Union i^ not and raunot be broken by the separate States ; 
apd 2 That this doctrine .</ta// he mainlamed. 

.' In July, ISGl, the Congress of the United States, with almost entire una- 
/ijirnity, resolved : 

' "That this war is not waged, on our part, in any .spirit of oppresxiun, nor for 
any purjiose of foJi'jue."! or subjujzation, nor purpo.se of ocejihwwinif or inter- 
fering with the riglits or established^ in.stitutions of the States, but to defend and 
maintain the .•supremacy of the Union, and to prr.-ovc the Union, with all the 
dignity, equality and rights of the several States unimpaired : and, as soor» as 
these objects are accdmpli.shed, the war ought lo cease.'' 

Now,' Wt us analyze this re.solntior., and we lind that it a.s.sert.s three very di."?- 
tinct propositions : 

1. It declares what i.^ naf the purpose of the war: It is not "in a spirit of op 
prcsi':'n," nor for any purpose of conquest or .^Klijiif/alion. 



21 

2. It declares what /v< the pi(rpOi<t' of the war: "To defend and maintain the 
Constitution, and zo preaerve the Union, with all the dignity, cqualitj and rights 
of the several States unimpahrd." 

3. It declares when the war shall cease : "As soon as those objects are accom- 
pHshed, the war ought to cease :" that is, as soon as the Constilutiun is main- 
taincd and the Union prenervod with the dignity, equalilj' and rights of the 
States unimpaired, the war ought to (:ea.>c. 

Ten days afterward the Congress again declared, on laotiou of a New England 
Kadical, their "jixed determination to maintain the supremacy of the Government, 
and the integrity of the I'nion of all these United States.'' And, with the single 
exception of Mr. Bri;ckenridge, this resolution was unanimous in the Senate 

Quotations of like character could be multiplied until there should be no end of 
the books that should be written ; but these which I have made are so clear, so 
explicit, so official, and make the single purpose of the war on the part of the United 
States so di.stinct, that I could not make it moro explicit by a thousand additional 
proofs. That single purpo.-:e, at that time, ur/.s to defeat the i:aIidUy of .■seccgsion, 
and j)rei<erve fJte Unioii of all the .S'to/o-. 

Now, I have conceded, and here repeat, that either party, during the struggle, 
may increase his demands or enlarge his purposes in waging the war ; and these 
additional demands or purposes being proclaimed and made known to the other 
party before the surrender, while "his men and arms remain," may be claimed a.s 
among the results decided by the war, and as making part of the terms of peace. 
Such demands, it is true, must be rea.sonable, and such purposes must be within 
the laws of war. For instance, either party, within the time prescribed, may de- 
mand the removal of the caa.se of the war, so that it may not produce a renewal of 
the conflict ; or, in case of an unjust war, or of unnecessary or unrea.sonable pro- 
longation of the struggle, may demand the expenses of the war ; or, in case of re- 
bellion, may ini.ist on excepting Irom the amnesty the authors of the disturbance to 
be brought to legal trial ; or, if a cruel and barbarous nation were to give distinct 
notice to rebels that they must expect no quarters — that they must consider, in case 
of surrender, that their lives or property, or both, arc forfeited ; the world might be 
shocked and humanity made ashamed, but the rebels ought not to complain, for in 
that case they are notified they must submit to the declared will of the conqueror, 
and ought to fi;^ht to extermination. But, as such demands are unusually cruel, 
they ought to be made known before the surrender, with vmifmal distinctness, lest 
the weaker party, relying on the law of nature and humanity, to save something by 
not fighting to extermination, should be entrapped into a surrender which accom- 
plishes what they intended by surrendering to cjcape. 

I repeat, the only demand made by the United States in the beginning wa.s, that 
the people of the Conlederate States should "lay down their arms, retire to their 
homes, and obey the laws," becau.se thereby the United States sought to accom- 
plish the only purpose of the war, to-wit : The defeat of .secession and the preser- 
vation of the Union. 

The question is, did the United States, during the war and before the surrender, 
make other demands or avow additional purposes and make them known to the 
Confederates ? 

I have been unable to find any other, and believe no other man is able to find any 
other, legitimate or official demands or purpo.ses. 

I find many individual threats, and I find also acts of confiscation, su.sponsion of 
habtas curpus, and such like acts; but then they arc declared to be, what indeed 
their very nature makes tuem, war mea.^n.res — to end with the war, and to make 
no part of the terms or law of peace. They were adopted as means to accomplish 
the one great original purpose — to force us to lay down our arms, and thu.s preserve 



22 

the Union. Mr. Lincoln did promise a liberal exercise of the pardoning power, 
from vrhich it may be claimed to 'imply that he would except some from the 
amnesty, but he could only except them for a legal trial, and I suppose even Mr. 
Lincoln did not doubt the result of a fair legal trial, unless of some one who made 
war on the United States before the secession of his State. For though the result 
of the war did decide that secession was void, yet, as ir^fcnt is the essence of crime, 
it did not and could not decide that one who honestly believed that secession was 
legal, was hound to hiow it was void before the decision made it so. And, 
though the result esfoNiidies that secession is and teas, and must remain vtoid, yet 
he who hones ly believed, at the time, that secession was either a constitutional or 
revolutionary right, or that his allegiance was due to his State when secession was 
asserted, or who le'ieved the coercion of a State was a crime, could not become a 
criminal by acting on his honest belief But if a man, before the secession of his 
State, made war on the United States by seizing her forts or otherwise ; or if, while 
holding an office under an oath to support the Constitution of the United States, he 
used the functions of that very office, by overt acts, to destroy the Union, such a 
man 7ras a traitor, and might, with some show of reason, have been excepted from 
the amnesty and reserved for trial. I think, however, true wisdom and a peaceful 
future required entire amnesty for the past, and careful abstinence from all oppres- 
sive acts in all the future. 

During the war, Mr. Lincoln, as President of the United States, issued his pro- 
clamation, emancipating slaves in certain States and parts of States. But this, 
itself, was declared to bo a var vicas-io'e only. Afterward the Congress had pro- 
posed to the States an amendment to tiie Constitution, abolishing- slavery every- 
where. But the States had not ratified it. It was, therefore, only a proposition 
imdelerrnined at the time of the surrender. After the surrender the slave States 
accepted and ratified this propo.sed amendment, and thus, by the act of the slave 
States after the surrender, this amendment became a portion of the Constitution. , 
Therefore, the abolition of slavery may, in fact, though not in legal strictness, be 
counted as one of the things decided by the war, and as being part of the law of 
peace. It is a noticeable fact, also, that although Mr, Lincoln included the accept- 
ance of emancipation s part of the terms at the conference in Hampton Koads, yet 
neither he nor Gen. Grant, nor any other power, alluded to this as part of the 
terms during the negotiations for, nor at the time of the acceptance of, the surrender. 
The only conditions of the surrender were to submit to the laics, and not take up 
arms again against the United States. 

What, then, did the war decide, and what, by that decision, is the law of peace ? 
Here it is, and here is all : 

Secession is void ; the Constitution is maintained : tiie TTnion is preserved, with 
all the dignity, equality and rights of the sevenil States unimpaired, with the 
single exception of the abolition of slavery tlmmgh the consent of the original 
slave States. 

And when our people, after the surrender, took an oath to support the Constitu- 
tion of the United States and the union of the States thereun..dcr, they swore to sup- 
port the above decision, and nothing more. 

The meeting of the Conventions in these State.s, to conform their Constitutions 
and laws to the change brought by the abolition of slavery, was proper, and a result 
of the agreement to emancipate. The appointment of provisional civil officers by 
the President, to enable these Conventions to be called and to act, was proper ma- 
chinery to accomplish the end Further than this, no reconstruction was ever 
needed, or was legal or proper. But for the abolition of slavery the States would 
have been restored to their old Constitutions and government, as they existed at 
the time of secession. 



23 

Every proposition in these Militai-y Bills has been originated since the war ; lict 
one of them was demanded during the war, or was made a condition of the surren- 
der. There is not a respectable publicist or law-writer, ancient or modern, heatb^sr. 
or Christian, which can be quoted to sustain them. / 

By every such author the attempt to prescribe new terms after the surrender fe 
ijifamoKs — is a breach of the peace — is- a new declaration of war, and is ■ a jisost 
perfidious abandonment of the most sacred of national obligations in the face ol 
mankind. 

Nay, more : These .Military Bills are disunion bills. Those who propose theiSi. 
are disunionists ; those who advocate them are disunionists ; those who con.senL to> 
or accept them are disunionists. And they are disunionists, too, not like the seces^- 
sionists, on a principle — asserting a simply doubtful right ; but they are disumosa- 
ists in the teeth of the very decision of the war itself, and disunionists wlio do BCst 
seek to accomplish their ends in an open, manly way, but who destroy the Unxoa 
under pretence of preserving it ; who trample on the Constitution under oath ic- 
support it ; who continue the war after resistance has ceased ; who fight, an unarrxiid 
people, and rob their own impoverished victims. 

Even, then, if wc are really a onquered people, I have shown that by tJbsc 
well-established rules of the laws of war and of nations, we are not "subject tc--. 
the will of the conqueror," except as tliat will was declartid before the surren&sv 
and, therefore, agTeed to by the surrender. I have shown that any terms prir- 
scribcd after the war is over, and after a surrender is •accepted, are not (Mihf: 
not binding on the conquered, but are infamous in the conqueror, and amouiitsi 
to a new declaration of war against those who were entrapped into layiug: 
down their arms, and who arc, therefore, for the time beiiig, helpless. .,\n(^ 
whether the Cong-ress or the E.\ecutive, or both, as is variously claimed^ m: 
whether the President and the Senate (as is the truth), bo the peace-inakii>g: 
power of the United States, I have shown, from the offi(nal records of eaein 
and all, that the only conditions demanded of the Southern people, iu layiii.|:; 
down their arms, were the preservation of the Union under the ConstitutioJi. 
with the single change of the abolition of slavery, which single change wu,- 
very doubtfully and imperfectly demanded, but vms very promptly and (jheec- 
fully yielded. 

No principles than those I have announced, are better settled, or niore IL;? 
consonance with natural reason and public justice ; no terms were ever laowi^ 
distinctly declared as the purpose .of waging the war, or more sacredly pr^^ 
mised as the conditions of the peace ; and- no surrendering people ever did 
more promptly, more absolutely, more submissively, oi- with one-tenth titfcv 
sacrifice of property and hope and pride and feeling, comply with all the terjct*- 
demanded on their part, than did the Southern States and people. They laid 
down their arms ; they gave up tlse great principle of goveruuicnt which theii 
fathers taught them never to yield, and to maintain which they had fought .-«.. 
long and endured so much ; though already impoverished they gave up fom. 
billions more of property — the descended patrimony of centuries ; they struf.']^. 
the fetters from their slaves by th;nr own con.sent, and, with words of eucowx- 
agement and hope, gave'the freed slaves, by their own laws, absolute ci'^i 
equality with their former owners ; they abided, without complaint or claim f©t 
damages, the burning of their cities ; the devastation of their homes ,. ths- 
destruction of the food for tlicir women and children, and a thousand otli«^ 



2-i 

acts of war wliich no civilized code will justify, and no civilized precedent wil 
iruti^^atc : tlieycliungod their or.i;a!uc l;lw^ and re-digostcd their nmiiicipal codes 

.to€oaforra thcin to the- new order of thini,^s. They repudiated the oblig'ations 
..ui'd rontratts they had M^snnied to thoir ywn p<Hiple and to mankind to secure 

»elp in wh;it tliey h;ul dciMiied a stru^rgle ft»r liberty and life. They hazarded 
:«>'oei;il revolution and a paralysis cf every fonn of labor, which might well 
aij,ve ;iwed the most thrifty pi.'ople, and the most lirmly established society. All 
e.Mwe things thr-y diil and sntfered to show i^ood faith in fulfilling the obligations 

<■• thoir surrender, to maintain the Constitution and prcsjorvc the Tnion ! 
Yet two inncij years \rA\o. elapsed, and they have not bci'n permitted to enjoy 
^- single privilege, nor sulTered to escape a single burden of that Union ' Nay, 
■».'liile waiting to receive what was so earnestly, so sacredly promised — their 
T^cog'nition as continuing' eciuals in the I uiou — they have seen swaruiS of agents 
•■3i tie United States permeating every neighborhood of their land, anil stealing, 
en the name and by the permits of the (loverntjient, ami carrying away their 
•^la^toii -and other remaining means with which tiiey had hnped to begin thi- reeu- 
]f»'-^ratiou of tiicir cunditidn ; and they see continued among them a hybrid insti- 
utoioTi, born in war and )in!vn'iwn tn the Cunslitution, with a crowd of nffioiM's to 
■exe^ntx? its functions, many of whom make companions of their former slaves 
■iii foment hatred to the Southern whites, anil .som(5 of v. horn find mistresses 
m'-.nmg their former slaves and use their oilices to li>vy black mail on all classes 
-f^rtlKjir support. .\nd all thes(Mhings, and more, our people bear, and speak 
.^xrat only in whispers, lest by resisting and resenting the outrages of even 
ro'!)bcrs and vagabonds, they furnish to those robbers and vagabonds the pre- 
Jfeace for the charge of a lingering spirit of rebellion against the Government ! 

And now wc are told, by these Military Bills, that the very ('onstitutions and 
'^vemments wc so promptly and s^ submissively framed and organised in order 
<k) fiilfill all the possible obligations of our surrender, must lie abrogated and 
aiuwlJed ; that new Constitutions must be framed and new g(>vernme:its must 
•l)e organized, in which our former slaves are all to participate, and fruui which 
'■<nj<5ry intelligent and virtuous man whom our people have deemed worthy of 
star-iRt and confidence at any time during his whole life, shall bt fori'.rcr crrluded, 
T«this new governmcJit the negro race is to consent for the white race, and by 
et the emigrant robber and vagabond, with their bribed Southern coadjutor, are 
-to rale both races. And until this op;)ression shall be fixed upon us, and made 
■part cif the irremediable law ol' the land, and shall receive the approval of the 
•iiri-hors of these bills, wlu) are never to be subject to the Government they thus 
••<iictate, our people are to live under military surveillam-e, subject to charge 
«v^ithout crime ; to arrest v/ithout warrant; to warrant without oath ; ti> trial with- 
<Ouf jury ; to imprisonment without remedy for release ; tu robbery withoutappeal 
for redress, and to death without any process ot' law. 

Even this bitter cup of hellish ingredients might be drank, but for the nausea 
"wldch makes us vomit wiien we see it commended to us — urged upon us i>y 
,>7om<^ who were born among us — who have been often trusted and honored by 
M- ; nay, by tho.se who hurried us into secession to get our right?, to save our 
h-mor and "to avoid c(inality with the negro ,'' who assured us secession would 
l>s pciceable, an<l who, after secession, did all they could to prov<')ko a war ; who 
j)led.ged us the "last man and the la,';t dollar" if the war should come, and who 
-employed their talents in discouraging" the men, in quarrelling with ourselves and 
ir snaking money when the war did come; who bravely promised \s that no 
'cncriiy should invade our soil without "marcliing over their dead bodies," but 
tft'hi*, when the enemy came, only betrayed us to subjugation ; who now infbrm 
■as ot their confidential receptions into the counsels of our oppressors, and can 



25 

bring from those counsels only the assurance that, unless wc drink this cup, one 
more bitter shall be provided. And, as evidence, of fidelity, wisdom, and k'iud- 
uess, in all thi*. they arc willing to submit to their own disfranchiseraont, and, 
therefore, can have no possible motive hnt wur good ! 

The Constitution is violated ; the laws of nations are defied'; the pledged 
faith of the nation is mocked ; an unresisting people arc warred on ; a dis- 
armed people are insulted ; an impoverished people are oppressed ; a trusting 
people are betrayed ; the Union is rent wider and wider, and ever voider asunder, 
and all, all by those who load the weary air with constant loud proclaims that 
they alone are loyal, or wise, or true I ■' 

" Alas I our country sinks beneath the yoke ; 
It weeps, it bleeds ; 'and each new day a gash 
Is added to her wound?." 

^^uniber IVine- 

The time has not come to wrkc Confederate history. Passions control men. 
Falsehood and .^lander are more acceptable than truth to the spirit of revcQfre. 
Truth would shame revenge, but falsehood gratifies it. Besides, the most impor- 
tant Confederate archives, f^ontaining' the rca.^on, the philosophy, the explanations 
of Confederate actions and'history and motives, are not accessible. It may be 
proper to add I do not know where they arc. They have not come to light, and it 
were well for some who .seem to be in high favor with themselves and the deluded 
people if they never do come to light. I am no Sadducec,and however the wicked 
flourish now, I have firm faith in tlie resurrection of the just. 

Bnt many will write. Confederate histories, biographies, memoirs, recollec- 
tions, &c., &c., &c., are getting to be plenty as blackberries in Jnne, but not so 
valuable. I have tried to keep up with these premature births, but find it difficult. 
I have seen enough to know tliat nearly all of these books are written either by , 
or under the immediate supervi.aion of, tiiose who were chiefly intent durinff the 
.struggle in making war ok the Confederate administration. They were, therefore, ex- 
cluded, or excluded themselves, from the Confodorate councils, and really know 
less than most people ; and the little they do know, or think they know, they 
received through a very jaundiced medium, which gave .it very hurrid colors. 
Some of them seem, at last, to be discovering, what unselfish patriots always 
knew, that, in making- war upon, aud in breaking down, tlie people's confidence 
in the Confederate iidmiuistration, so unjustly and so falsely too, they made war 
upon and broke down the Confederate cause. Tliey fear tlie world will find this 
out. Conscience boing thus troubled ind reputation in danger, they become rest- 
less and cannot u-.-iit. They rush forward, like most criminals, to justify before 
they are formally accused. Others write to get pay, and say anything to till a 
book. Hence, these works arc generally self-vindications, or self-eulo^-ies, or 
miserable libels and perversions, and are not only unworth}' of credit, but should 
be held as insults to an unfortunate but gallant people. General Early's book 
is an exception. He writes of what he saw and did, and writes like a "patriot. 
His work will be valuable to the historian hereafter. There may be a few other 
exceptions, but I do not now think of them. Some others of like character arc 
■^aid to be preparing, which I hope will appear. 

But the fiercest storms exhaust themselves, aud so will even this storm of tlie 
American passions. Revenge cannot always rule. The full truth will appear 
and impartial history will be written. lu that day, I venture now to say, no 
fact wlUbe brought out more clearly than this : The Confederates were not con- 



'JO 

qvered by either the skill, or the power, or tiie numbers of their armed enemies 
The Confedcraoy was crushed by idea.<, and n'lt by bayonets. And the ideas 
were very few — indeed may all be embraced in twu ; and uoither had the 
slightest foundation in truth. They were born of trc;Khory and disappointment, 
and nurtured by those wor.'se than Gorg'in whelps — ambition, srlfishnet=s, and 
revenge. 

Here are the ideas : 

1. That the Confederate (lovernment had become, or would become, a permanent 
military despotism. 

2. That our po<"'ple had but to lay down their arms, and they would be restored, 
at once, to all their rights in the Union. 

There were several considerations which made our people peculiarly liable to 
be entrapped into believing tliese ideas. In the first place, the masses of the 
Southern people really loved the Union according to the (^on.stitntion. In truth, 
they were the most faithful ami devoted fricnd.s that Union ever had, or, I fear, 
ever will liave again. It roijuiix'd ui.iny years of slander, and intermeddling and 
threatened aggressions and bad faith on tiie part of Northern extremists, and of 
importunity and fiery exhortation by the Southern extrcmis(.«, to make the ma.«ses 
of our people ontertaiu the idea that their rights were not saO: in the Union. 
And when finally they did consent to leave the TJnion, the great actuating motive 
in going was to save the guarantees and principles of the Constitution, which they 
were persuaded could not be preserved by remaining in the Union. And they 
were assured by the extremists. North and South, they could go peaceably. 

Again : While many of our intelligent men and counsellors were actuated with 
sincere convictirms, and did honestly believe a division must come sooner or later, 
and that the .sooner it came the better for all sides ; yet, there were others who 
had far other motives. These last did not act from convictions, but from desires. 
Therefore, they were very noisy and clamorous. They abused everything in the 
North, and denounced as traitor.*: and submissionists and cowards those of our 
own people who did not believe the Union ought to be dissolved for existing 
causes, or could be dissolved at all peaceably As light things rise when the air 
is stirred, .so in the excitement of passions these men became favorites. They ex- 
pected to be the founders of a new government, and go down to po.sterity as the 
Washingtons and Jeftersons of a Republic. 

/ Uut the war came, and that portion of the masso.'^ wno were most anxious to 
/secede, were di.sappointed. Secession was to be peaceal>le. 

/ So the high offices in the new government were filled, and alas' how many of 
,' the noisy and self sufficient were disappointed ^ Republics wore ungrateful, and 
/ the people .strangely thought if was necessary to .>-vlect considerate men to make 
Wa.<hi!;gtonsI 

As the war progre.s.scd, hanh'^hips incrertsed These hardships caused some to 
grow unwilling, and the Confederate 'lovernmont was driven, as have been all 
people who go (o war, t" employ harsh measures to Jiiuke the unwilling do their 
duty. These harsh nieasures required agents, and agiut-s, as agents often do, be- 
came exacting and oppressive. These har.sh measures were seized upon by the 
disappointed politicians, and used as pretexts to make the people believe their 
government intended to establish a military despotism. In tlie meantime, specu- 
lation became riotous ; the example being set by sonic in high places, others, alsu, 
thought it no harm to use their " God given talents to make money.'' These evils 
multiplied the necessities for harsh measures to support tiie army, and the harsh 
mea.sures increased the noise of the politicians and the consequent demoralization of 
the people. 

While this internal treachery was doing its work, the United States, in every 



27 

form, and by every department of their Government, were assuring our people 
they bad seceded under a mistake ; that tiieir rights were secure in the Unita ; 
that they had no purpose in prosecuting th(! war but to ])reserve the Union unim- 
paired ; and that, indeed, our seats were vacant in both Houses of Congress, and 
we had nothing to do but to send members to lill them. Emissaries came from the I 
N<)rth under tlic pretence of being driven here as Southern sympathizers, and | 
joined our malcontents to disseminate these two ideas. Treachery became bold and 
desertion became rtispoctable. 

In this way the masses of the Southern people were conquered, and the remnant 
of patriots were overpowered. 

The actual statistics show that during the two last years of the war, fur every 
one of our soldiers whom the external armed enemy killed, disabled, or captured, 
the internal unarmed enemy induced three to desert. And this work went on, too, 
in the face of the fact that General Grant's only policy for defeating General Lee 
was in wearing out his army ; and also in the face of the fact that Mr. Lincoln, 
in his last annual message, declared the hope of suppressing the rebellion 
consisted in the abandonment, by the Southern people, of their President or 
Chief. 

Therefore, I affirm, the treachery within v/as thrice as strong as the power 
without in subduing the Confederates. • 

Thus, some of those who were most active in destroying the Union, were also 
most active in destroying the Confederacy. And these are now the favorites in the 
South with the Radicals of the North. They are received into the counsels at 
Washington ; and they are cheek by jowl with Wilson and Sumner and Stevens iu 
their efforts to destroy the Constitution. Men, who I know made bitter secession 
speeches, have been travelling through the North pi'jclaiming their sulferings a.s 
" persecuted loyalists :" and seeking to rouse this fragmentary conclave of a Coji- 
gres.s to secure measures to disfranchi.se those v/hom they denounced as traitors, 
because they opposed secession, in order that they niay get the offices of these 
States as rewards for their 'devotion to the Union !" And the poor, deluded, help- 
less Southern people aie thus bespattered with their own hith I 

These facts sugge.st several poiut.s which deserve the most serious consideration 
of tbe Northern people. 

1. The first is that thoy are under the most solemn obligation possible to recog- 
nize these States as existing members of the Union, with no diminution of their 
rights, except as to slavery. This was the avowed purpose of the war. This was 
the promise to the Northern people by their government to encourage them to 
fight ; and this was the pledge to tbe Southern people to induce them to cea.se 
fighting. 

2. That this purpose has been defeated ; this promise ha.s been violated ; this 
pledge has been broken by their Radical leaders, with the clear and unmistakable 
intent of destroying the Constitution , and that in this work they are now joined 
and aided by the mo.st vindictive, tbe most active, and the mo.st unscrupulous of the ^ 
original Southern .secessionists. ! 

8. That the Southern people became weak in prosecuting the war only because 
they li.stened to this pledge, and laid down their arms only because they believed 
it. That though this generation may bo helpless because they were entrapped, the 
next will refuse to believe and will remain strong — invincible. That tho.'^e decep- 
tions can breed nothing but distrust ; that these oppressions can produc- nothing 
but hate : tliat oppre.s.^ed and oppres.sors can never live together in peace, and that 
our children and children's children will be the victims of this Typhoean union of 
the Northern Radicals and the Southern Sece.s.sionists, with no gain to either section 
but " havoc, and spoil, and ruin." 



2ft 

IV limber Ten 

IJut it is said the negro race is now free, auil made citizens by our laws, and, 
tLererore. arc entitled to political as well as civil f.]iiality. 

It is idle to reason with a fanatical uiind. A fanatic is a lunatic. The conclu- 
sions of such are never founded in reason nor alTected by experience ; they are 
toundu'd in feelinj^ and live only on passion. We must appeal, and still appeal, aud 
not cease to appeal to the ralionai Antcrican uiind, uud, by reason, and the experience 
of mankind, save, if we can, our country from the awful, indescribable horrors 
which raust re.'^ult. and result soon, fruiii the crazy domination of men wIjo make 
"liberty and e(juality" the touchstones of political wisdom. This mad theory is 
nothing but war upon the teachings of reat-on. the experience of all ag^es, and the 
law of God. It was never the doctrine of any but the agents of revolution, and it 
never bore for any people any fruits but anarchy and blood, and the evils that follow 
in the train of unrestrained passions. 

But suppose, as an abstract proposition, we concede that the negro race i-^ entitled 
to political equality ; how does that ju-^tify thoMj Military Bills ? Does the negro's 
right to vote authorize a violation of the Constitution by Congress ? If it is right to 
enfranchise the negro is it right to disfranchise the whites '<! 

No principle is better or more universally conceded in American polities than 
that the people of the Slafes aloiw. must regulate the political franchises of their citi- 
zens — each State for itself. If this principle is to be rejected then no other need 
be respected. The first great question we mu.st determine is this : Do we mean 
to f-upport the Constitution, or do we mean to violate it '! Do we mean, when we 
ajvear to support the Constitution, to vote for that which violates the Constitution 
and justity our perjury by some vagary about abstract right '! I press the (juestion 
to every man's conscience. Have you obtained i/our co»>sv-/)i to disregard the 
Oonstitution ? Don't dodge, or explain, or qualify ; answer the question. Have 
you obtained your consent to disregard the Constitution I Have you obtained your 
<!on8ent to swear to support the Constitution, and then flippantly write or say, 
*'The C(jii.-<titiifio)i i.-i dead!" If dead, why .«wear tu support it ^ If not t^ be 
regarded or respected or observed, why swear to support it ? The Military Bills 
are conceded to be uncoi^stitutioual. Whether we be States, or Territories, or 
Provinces, Congress is forbidden by the Constitution to deny trial by jury, or to 
authorize a warrant without oath, or put upon trial without indictment, or sus- 
pend habeofi corpus, except during insurrection or invasion, or establish 
lish military rule over citizens in time of peace, amjirhrrt' — iyi any ^-ingle foot of 
land — Slair, Terrilorij or Froviiicf. These, these, oh, my deluded countrymen ! 
J'hesi', are the constitutional shield, and buckler, and helmet, and breastplate of every 
American citizen, of every grade and color, on evt-ry inch of American soil. Thei/ 
are the wholr ami)/ of lilxrtii. And every one of these these Military Bills authorize 
to be disregarded, and placed at the will of a military officer, who is not even a citizen 
of the Stut(! or territory in which he dominates I 

I ask again and again, and I beseech all men to ask ; it is the earnest, anxious- 
piercing appeal of the dying hope of liberty : Are you wiUing to violate the Con- 
stitution J Are you willing, to swear to support it, irith the intent, at the 
time of sv)€an/)</, to violate it y Then, I proclaim — all posterity will proclaim 
— your hell-mortgaged con.^cience will never cease to proclaim : you arc pei'jv red, 
and pn'jury is not half your crime — you com.mil pei'jvry in order to become a 
traitor ! 

And now mark this : The very oath which you take to register requires you to ^^v.-ear 
to support tJif. Conxtitulion, and if you take that oath and then vote for a convention 
to carry out these Military Bills, or aid in carrying them out, you vote to accept, to 



29 

approve, to establish that which is a violation of the Conytitution, and, just so sure 
as passion shall subside, and reason return to our people, aTid sober, oath-observing 
patriotism shall again rule in the laud, so sure will you be branded, and justly 
branded as a felon and whipped throughout the land with the stinging, ceaselesg 
lashes of public infamy, because you took an oath to suppurl the Coustitution, with 
intent to violate it ; because you conunitted perjury in order that you might help to 
destroy your country. And in vain will yuu hunt excuses to palliate your change- 
less infamy. The malignity which now makes you call patriots rebels ; the cow- 
ardice which continues a war upon the unresisting whom you induced, with the 
most sacred pledges, to lay down their arms; the meanness which devises oppres- 
sion for the helpless, the vileness which presses dishonor on those you have entrapped 
into your power ; the worse than hypocritical statesmanship which disfranchises 
white men in order to onfranchise black men ; the criminal philanthropy which 
provides for the sure destruction of the deluded negro race under pretence of elevat- 
ing it — all these will only risr> up to mock and laugh at you then. Like the hell- 
hounds which "death, by rape begot uf sin," when Heaven's Almighty hurled dowtt 
to ht;ll those who, by deceit and force, sought to destroy His supremacy, these very 
pretences which hate begets of hyprocisy, in this attempt to destroy the Constitu- 
tion, will become "yelling monsters"' in the political hell into which the genius of 
constitutional liberty will ca.-t you, and will "kennel in the womb that bred them," 
and "howl and knaw," and "vex with conscious terrors" forever. 

I know how fallen is human nature ; I know how nations and peoples have often 
becom',' the mere prey of bad, ambitious rulers ; I know the streams of blood with 
which hypocrisy, under pretence of saintly purpose, has often flooded mankind ; I 
know how countries have often been destroyed, that a few wicked men might con- 
tinue in power. But can it be that •ntr jxiopk have become willing to violate our 
Constitution for our nvn di.'^honor and destruction? Will they take an oath to get 
a chance to violate it, in order that they may degrade the white race, and ultimately 
de.ftroy the black race y 

How many will thus violate ir ? How many will stand by it, live with it, or 
DIE roR IT y That is the next count. 

IV umber Eleven. 

In all ages governments have been overturned by men who made great profess 
sions nf patriotism and g-U'id intentions. The .serijent induced Eve to cat the for- 
bidden fruit by flattering her, and declaring his counsel would do her good. He 
greatly desired, he protested, to in1j)rove her condition. From that day to this 
traitors have been unable to find any better method <.)f accomplishing their pur- 
poses. Ignorance is more easily duped than intelligence, and, therefore, knaves 
have always beeu advocates of conferring power on fool.s; and so, fools have gene- 
rally thought knaves were their best friends. For this very reason common- 
wealths — tree countries — have iirodueed more demagogues, and have become 
more fearfully the prey of anarchy than any other forms of government. The peo- 
ple generally mean well. They think they follow friends when they follow those 
who flatter them, and they follow with "cheers and a tiger. '^ They go, like the 
fatted ox with pretty ribbons strcamin-- from his horns, frisking to their own 
slaughter ' 

Were n(jt they glorious Southern leaders who established the riyht to carry 
slaves to Kansas'? What, if Gud had declared slavery could not })rosper there, 
and our fathers had agreed it should not go ? Who cared for God and our fathers 
if their decrees and compacts stood in the way of "our riyhts .'" Oh, how good 
theories and fair promises have wrecked hopes, de.stroyed prosperity and subvert- 



30 

cd frovcrnuieuth' p]v«''iy couiiiiaTid in the docaluj^-ue bus been viulated in the name 
of God, and every inece}>t of tlie Saviour has been trampled upon under pretence 
of promoting religion. 

Never, at any period of human history, have bad juon, oi traitors or devils 
undertaken to accomplisli a wicked work, with greater prulo.sHons of good will, or 
with circumstances more favorable fur exciting the eontiuence of the ]>coplc in the 
sincerity of their ))rolessions, than those by which and under the influence of 
which, these Radicals have undertaken to destroy the Con.stitutiuu of the United 
States and the principles of free govorumeut in America. With sincere convictions 
of right and necessity, but in a suicidal way, the Southern State? and people 
seemed to place themselves in an attitude of hostihty to the Constitution. And these 
Northern traitors who provoked the South to her folly for the vcr}' purpose, have 
over since been enabled to tickle and divert the minds of the Northern people with 
the flippant cry, of "rebel" and "traitor;"' and thus, not only unperccivod, but in the 
midst of the wild cheers and mad aid of the giddy foolish masses, have given the 
Constitution a thousand stabs. And still the arch-leaders give out the key-note, 
rebel; and the Babel crowd catch up the refrain, and fools in office cry. rebel; and 
knaves trying to get office cry, rebel; preachers of lies and hate from pulpits cry, 
rebel; lunatics in schools cry, rebel; and, foulest of the foul, Southern renegades cry, 
rebel; and the traitors thank God for the wild distemper of the people, and stab on! 
And the poor outraged Constitution, under which our common fathers lived, and 
loved, and prcspered, and which would gather all, black and white, "even as a hen 
gathereth her chickens under her wings," bleeds and reels, and no one will hear her 
cries or heed her tottering ! 

Equally insane, but equally favorable to the purposes of the Radicals is the hypo- 
critical pretence of elevating the black race. All wise or good men everywhere, 
and more especially those in the South, desire to elevate the black race, but Radical 
traitors and their Southern tools alone desire to degrade the white race. By wha((- i 
ever other means the work may be done, it is certain the black race cannot bo secure 
in privile^^es or rights by taking away from the white race these same privileges and 
rights. Whether either race, and which, shall finally gain the ma.stery; or, whether 
both races can live and rule tosrcther as equals and in peace, arc questions which 
good men may discuss, and, about which, possibly, even true men may differ, bat 
one thing is very certain, neither race separately, nor both races together can rule or 
be ruled wisely or peacefully, or with safety to life, property, or tranchise, by vio- 
lating and trampling upon the Constitution — the fiinlnujatal law for all. He who 
would, therefore, be a friend to either race must first be a friend to the Constitutioa. 
He who violates the Constitution is an enemy to both races. He who observes the 
Constitution is a friend to both races. 

The very reverse of ail this plain reajoning is every principle which can be 
adduced to support these Military Bills. These bills violate the Constitution. These 
bills degrade tho white race. These bills trample on the rights of both races; and 
all these things thcs-e bills do \iainT pr^*ence of eleoaii-ng; the h\nck race! The 
work is absurd and impossible. The means proposed cannot accomplish the end pro- 
fessed. Both races must go together, or the greater must control the less, or the 
two mast eoilii'i. Aid when the two collide the less must perish, or hi driven away, 
or be brought under control, however the greater race may si^flFer by the collisioa 
and the struggle. 

And the liidicals know this; and, therefore, the means they propose are not in- 
tended to accomplish the end they profess. Tlie real end is to secure these tea 
States to keep the Ridicil party in power in the approaching Presidential election, 
and this they seek to do reckless of consequences to black or white, to the Con.stita- 
tion or Govemiaeat. j^Tbe traitors are seekiuij to retain, by this fraud aad force at 



31 

the South, the power they are losiug by the detection of their treason at the North. 
Thoy annul the Constitution in the name of loyalty; they exterminate the black race 
in the name of philanthropy; they ilisfranchisc white men in the name of equality; 
they pull down all the defences for life and prosperity in the name of liberty; and with 
blasphemous hosannah.-f to the Union, they are rushing all sections and all races into 
wild chaotic anarchy; and all, all, that traitors may hold the scats of the power they 
desecrate, and riot in the wreck of the prosperity they destroy ! And will the South- 
ern people, whom they have so long slandered and oppressed, take them up, as the 
Northern people, whom they have so long flattered and deceived, are casting them 
away ? 

It was my purpose to discuss at length the (juestions of civil rights and pcditical 
trusts, and by what moans the first could be safely secured, and in and by whom the 
last could be wisely reposed and exercised; with the view of showing how illogical 
and contrary to human nature and experience and safety, is the dogma that political 
equality is a right of citizenship, or necessary to the enjoyment of civil equality. 
But why labor and worry the printer and weary the reader by proving that untrue 
which none but fanatics are unblushing enough to pretend is true. Why labor to 
prove these military bills will not work good to the negro, when they do not intend 
good to the negro — are not adapted as means to secure good to the negro; but are 
intended simply to add ten States to party power I The negroes are enfranchised 
becaik:e it is believed they will vote for the Radical party, and the whites are dis- 
franchised because it is believed they will not vote for the Itadieal party. If the 
belief were reversed, the rule would be reversed. The object is not to punish disloy- 
alty, and the proof is found in the fact that the most bitter original secessionists are 
iit once received into Radical favor by agreeing to support the Radical party, and 
the most unscrupulous is always received with the greatest marks of favor, because 
such are the most congenial and best suited for the work of destroying the Constitu- 
tion under pretence of preserving the Union ; and preserving the Radical party 
under pretence of loving the dear people I 

It is proper, without fully elaborating the argument, to suggest a few elementary 
principles which all our people ought, in these times, to keep constantly before 
them. 

In all society or government are rights to be enjoyed, burdens to be borne, and 
trusts to be discharged. 

Among the rights are the right of property; the right of locomotion; the right to 
appropriate nnd dispose of the proceeds of our own labor; the right to worship ac- 
cording to conscience; and the right to protection from society in the enjoyment of 
all these rights, and the right to have all the legal processes and remedies provided 
to make this protection effectual. These are called civil rights, and when we speak 
of civil equality we mean that these rights belong alike and equally to all citizens, 
to all classes, to all colors, to all sexes, to all ages and to all grades of intellect, 
society and worth. These rights necessarily attach to and become conditions of free 
citizenship. The negro is entitled to all these rigfits. And being now deprived of 
the protection which, as a slave, he received from his owner, all good men ought to 
rejoice that he can still be safe under the protection of the law; and being unaccus- 
tomed to assert his rights, a work which was formerly performed by his master, all 
true men ought to be ready to aid him in that assertion. And all but Radicals and 
renegades are willing to aid him, but they seek to use him under pretence of aiding V 
him. \ 

Among the burdens of society and governments I may mention: working the 
public highways; providing public buildings; paying the public taxes; defending the 
public safety, &c , &c. These burdens ought to be borne by all according to fitness 
and capacity, for these burdens constitute the consideration we pay for the protection 



32 

wc gel. Womcji and children. lunatics and idiots du not work the highways or de- 
fend ibc society with arms, because tlieir po;>ition3 or capacity forbid, but they are all 
citizois — or ni'^uiber.< uf the society — and p«'/ ta.ces Those are called burdens 
because thoy are borne, not for ourselves only, hxiifor others — for the public. 

Lastly, in i'Vt-ry society or goverunient there :iro trusfs to be discharged. Offices 
are to bt.^ filled, laws are to be made, executed and aduiini.stcred, else there could be 
no rules or process fur protection; and agents are to be selected for all these pur- 
pos<.s. The whole bu.siu(3ss of selecting agent.s to discharge duties, ;l« well as the dis- 
charge of the duties themselves comes under the head oi'tnists. Thoy arc called 
iruyfs becau.se they :ire powers exercised not for one's own good hit for the good 
of others — for the public. The authority to vote is, therefore, a ^ri^^i' reposed, and 
the exercise of the authority is the exorcise of a trust — the trust of selecting agents 
to provide and execute the laws by which rights are to be protected. All men are 
born tu rights — which are pers<njal — affecting each person only; but no man is boru 
to a trust— to a power wliich affects all other members of society. You had as 
well say a man is born to an office as to say he is bi^rn to a vote for that office. So, 
again, all trusts imply capacity and integrity. No man has a right to be entrusted 
to discharge a duty aff'ecting" others who does not understand that duty, or who has 
not integrity to be trusted with its faithful exercise. 

How can the rights ol'the members of society be safe if the pnUcction f ^r those 
rights is to be provided ur applied by ic^nerant or vicious agent.s .' And how can 
ignorant and vicious agents be avoided if ignorant and vicious persons are born to 
the right to select them ? 

Rights are personal*- born with persons — belong to the person, and affect the 
person; but trusts are relative — and born with society — belong to society — and 
are for the good and under the control of society. How is any man born with a 
right to take my rights, or to select another to take my rights ? 

Suffrage, then, is not a right — it is not a privilege — it is a fritsf. and a most 
solemn and sacred trust. It is the trust of preserving society, of securing rights, 
of protecting persons. 

Wuuld you select an ignorant, or vicious, or untrustworthy luau as your trustee, 
or the trustee for your wife or your child in the smallest concerns of life? How, 
then, would you make a trustee of an ignoraut or vicious man to discharge those 
great duties, on the wise and faithful discharge of which all rights, and all protec- 
tion, and all things dejjend ? 

The burdeni^ of society are light or heavy according as the trusts of society arc 
wisely or unwisely, faithfully or unfaithfully discharged. The heavy taxes under 
which America groans, spring alone froiij the uui'aithful and wicked execution of 
the trusts of our people in selecting agents, and of the agents in discharging their 
duties. 

Universal, indiscriminate, ignorant, vicious white suffragi^ has buried a million 
of victims slain by each other'.-; hand.s- destroyed (he peace and prosperity of the 
country and saddled an innocent and unborn posterity with burdens too grievous to 
be borne. 

Will it be wise to extend the sai;red but desecrated trust of suffrage to more 
ignorance, to more vice, and at the same time.- withdraw those trusts from intelli- 
gence and worth .' 

Men born with a right to vote as they are born to breathe the air, or enjoy the 
proceeds of their own labor I Then, why is it that women and children and luna- 
tics and idiots are not allowed to vote ? They breathe and eat and pay ta.xcs. 

It is, therefore, the right of society to decide ujiou whom shall be devolved the 
trust of prc'scrving society and administering protection to rights. And it is the 
duty of socitty to* withhold these trusts from the ignoraut and vicious — since the 



33 

ignoraut and vicious bhould never be entrusted, and have no right to be entrusted, 
with the exercise of a power by which they may rob or kill or torture otherd. 

And it follows that every society must determine this matter for itself, for it 
alone is to be effected by the exercise of the trusts created. It is flagitious: it is 
mean; it is cowardly; it is treason to the very frame work of society; to say that 
Massachusetts, or a fragmentary conclave of perjured Congressional' traitors from 
other States shall determine who shall be entrusted with the great duty of pre- 
serving society in Georgia; and language breaks in the vain eHort to express the 
contempt and scorn I feci for the dastard Georgian who would consent for Massa- 
chusetts or that fragmentary eonclave to so determine. 

The negroes in Georgia are citizens of Georgia. They are free and have equal 
rights, and shall enjoy them. They will be required to. bear the burdens only in 
proportion to their capacity. They will be empowered to discharge the trusts 
when time and experience shall show they "are capable and worthy," and the good 
of society will be promoted thereby; and this Georgia will determine for herself, 
and not to please enemies or to keep traitors in party power. 

I have now shown that the Military Bills are unconstitutional. There can be 
nothing clearer than this, for they are in the most direct conflict with the very 
language and purpose of the Constitution, and the position is conceded. Of course 
there can be no possible good reason for violating the Constitution, for to say 
so, is neither more or less than to say the Constitution is wrong, and the Govern- 
ment organized under it ought to he subverted .' And this is exactly what every 
man who voted for or approves these bills did say and doe.-: say ; and every man 
who votes to carry out these bills, votes to set aside the Coiiftitution and subvert 
the Government ! I care not what his mouth says, or his lips profess, about loyalty, 
his heart is far from the Constitution, and his act is to destroy the government* 
The poll lists of registered voters will tell us precisely who is for the Constitution, 
and who is against it ; who is for the government of law and who is for anarchy. In 
plain words, the question who is "for a Convention" and who is "against a Conven- 
tion," means precisely "who is against the Constitution," and "who iS for the Con- 
stitution." 

But I have shown that all the excuses or apologies made for these bills are, like 
the bills, also unconstitutional ; and are untrue in themselves, are contrary to the 
laws of every civilized war, and are founded iu false pretences, and are insincere in 
purpose, and really tend and intend to subvert the Government and degrade the 
white race in order to prolong the existence of tiiQ jMrty that is thus faithless, de- 
ceitful, oppressive and dishonoring to both Government and people, and to their own 
pledges. 

If, in the face of this plain statement of the issue, the correctness of which state- 
ment no true man can gainsay, and no honest mind will gainsay, there is still to be 
found a man in America who ciu see in these Military Bills any safety for property, 
or life, or liberty ; or any protection in the enjoyment of either ; or any elevation 
for the black race ; or anything in government but anarchy, with its long orieal of 
blood, and robbery, and factions, and havoc, and spoil and waste, and crime in every 
form and grade, until power or powers shall arise and proclaim the pea-.e to a de- 
luded, exhausted and ruined people through an empire or empires, a despotism or 
despotisms ; such a man is simply given over "to believe a lie that he may be 
damned ;" yes, and to ad a lie that his ovuitry may be damned ! 

The next question, in the natural order of argument, is this; In what way shall 



54 

these bills be resisted, cr by what remedies .shall their cuforoem^nt and final estab- 
liihnccnt be prevented ?" I enter upon this branch of the discussion with pain and 
pleaeure — with paiu bccau.«e I shall cousidor it iiiy duty to declare some grievous 
t.rrcrs committ.'-'<:l by fri jndsofourside of the Constitution: err )r.?, too. which surrender 
the most elfoctivc remedies a^_'ain5t those measures ; and with pleasure because I 
can i-till sec romdiiing to u.-? remedies ample to save the Constitution, th<' country 
and liberty, if, as rult'rs and people, we snll have even a moif- ty of that glorious 
moral courage which snakes us not afraid to tell the truth and defend the right. 
Never, never had any pCMjile in any ag^c of the world such an occasion — such neces- 
sity — lor moral coura^^-e as have now the people, not only of tlin ten State? on which 
rape is being perjictratod, but of the United States, who are all involved in the 
crime and must pay its penalties. 

That devilish spirit of treason, which comes not with arms and open, manly warn- 
inir, but creeps and hides itself in some unsuspected, yea, fni.<trd form, is now in 
our political Eden, and, witli artful words, and with the prestige of authority, and 
assurances of .safety and blessing and greatness, is persuading our people to eat 
that forbidden fruit >>/' nAng/or/r to prcservr a Government of rmiseat, and of 
/iLoking, by statute, that like and equal which God by nature made unlike and 
■Km^'Mcl, and in so doing to disobey the commands of the Constitution ! And 
some are already persuaded, and lu.stily cry "It is true, let us di.sobey. and taste, for 
we shall thereby be great,'' And if our jieople awake not now to their danger, and 
drive this modern political Satan of Radicalism. Avith scourL^'ing and hissing 
from their heritage, thou death — political death — will come, and quickly, fiercely 
come, with blighting curse all over this last and noblest d )main of freedom, and 
deem ourselves and our children to the "blood and sweat"' of despotism forever I 

Oh, that .«ome voice would rise whcse thrilling notes of patriotism c-ould cover all 
:he land, and, hushing this Bedlam din of sectional crimina'Jon, distrust and op- 
pression, inspire the people to unite and make one more manly national etfort to save 
the Constitution, and stop the deep and ever deepening stabs which treachery, 
through force and perjury, are madly making at the very vitals of liberty I "We 
need a fearless Hercules — strong in moral courage and a universal country -wide 
patriotism -to kill this Nemacan lion ; to burn to the roots the more than hundred 
heads of this Lernaean Hydra ; to clean this Augoian .stable, whose fierce rapacity, 
und prolific terrors and boundless filth are all combined in this destroyer of States, 
this assassin of written Constitution, this more than brutish defiler of its own race — 
n:odein Radicalism ! 

The framers of the Constitution doubtless suppo.«ed they hnd provided, or left 
• listing, ample remedies for all violations of that instrument ; both preventive and 
iri'-tive remedies, whether those violations should be made by the Government, or 
hy the States, or by the people ; and had also provided for the amendment of the 
Constitution in a proper luanner, to .suit it to such unanticipated necessities as the 
fatnre might develop. The.'^e remedies were distributed — .<ome being lodged in 
(he different departments of the Government and some loft under regulations with 
the people. 

These remedies should always be aiiplied in their proper order aci-ording to the 
lUture and source of the violation. 

In my opinion, the first remedy against tiic.*e Military Bills wa.s wifh the Execu- 
tive Department of the Government. 

The Government i.s divided into three departments, and separate powers given to 
<a>:h department for the great purpo.se of providing mutual checks and balance.', so 
that no one department shall be able to destroy the Government. 

Now, if either department can, by any means, absorb to itself the powers con- 
fided to the other departments, or of either of the others, it, by that means, gets to 
itself powers which it was not intended it should exerci.se ; and can, by reason of 



^5 

this increase of powers, accomplish what the division of powers intended to pre- 
vent — destroy the GuvernmeDt. So, if either department, instead of ihus absorb- 
ing to itself the powers of the other department, can, in lieu thereof, adupt some 
means by which it can compel or induce the other dv-paitnieut-s, or either <jf thcni, 
to execute its unlimited will, it can thus as effectually, and perlv.ip:? more conv-:- 
niently, accomplish the forbidden end — destroy the Government — than if it had ab- 
sorbed the powers to itself; because the dopartnicnt so compelled or induced to 
serve, ceases to be a check or balance to prevent dcit!-.u;tion as was intended, but 
degenerates into a mere tool or aider and abettor in the work of destruction. 

Here — right here — is precisely the process by which this fragmentary conclave 
of a Congress is destroying the Constitution and the Governm-nt under the Con- 
stitution. 

They first excluded from both Houses all the representative's of ten entire State;-, 
l)€cause they were sr,pposed not to be willing' to the schemes of the maj ^rity making 
the exclusion ; and, to make thi; esclusion ofieetnal, they denied the right uf repre-- 
sentation to the ten States, all, in the teeth of th-.' most explicit and positive pro- 
visions of the Constitution, declaring how (he Congress .shall be constitute 1, and 
of what the two Houses shall be composed. They next, under various transpareii!; 
pretences, excluded obnoxious members from other States. 

This process of exclusion continued until two-tiiirds of those remaining- 
were of one evil mind. The Executive Department, though earnestly de- 
nouncing the body as not organized as the Constitution required, yet n.-cog- 
nized this fragment as the Congress. Thus organized and tlius recognized, 
this fragmentary conclave — now become very bold and dictatorial — began 
to absorb to itself the powers and functions of both the other departments 
of the Government, and to threaten impeachment and remodelling and uou- 
appropriation of salaries, if tlie other departments should presume to form 
checks upon its will. The President sent back with his now inctfectual 
objections the several steps of tliis conclave in the work oi' destruction, and 
accompanied those objections with an earnest patriotism and a fervor of 
meaning which have not been excelled. But wliy talk pcitriotisni t-j traitors, 
or address reason to fanatics, now conscious of their power to destroy, and of 
safety to themselves in the work 1 They 'W-ould laugh and grin, and pass 
the bills to destroy the Constitution with the glee of the cat which jdays 
with the contortions of its captured, dying mouse. In an evil hour the Pn.'si- 
dcnt consented — agreed it was his duty — to execute as law v,-!iatever two- 
thirds of this fragmentary conclave might desir*.', declare "r nrd, r ! 

"Then I, and you, and all of us fell down 
Whilst bloody trcasoT\ jljurished over us." 

1 have no doubt the President acted, in this matter, fr<^in the I'Uiost and 
most patriotic motives. His course was advised and c^rnmonded by nivn 
distingnizhcd for ability. He is surrounded by circun^stances peculiarly re- 
sponsible and emliarrassing, and every desire of my heart is tu ii'dp hl-n aji'i 
not to say anything that may weaken any man's faith in him. Hut the coun- 
try is passing thiough a most fearful ordeal, f^vrything we all have or can 
hope for is involved. Errors may ruin though motivos be angi-lic. On ques- 
tions of policy or expediency, I love the yielding, t.-onciliating spirit. 1 des|tis.' 
from my heart, the bigot or the fanatic But a princiele — a vital principle — 
should never be abandoned for temporary relief, nor yielded to coiM'iliate a 
enemy. The Constitution ought to be administered in a spirit of co!iccssif)i.. 
but no man entrusted to administer it should allow its destruction upon an} 
pretence. I do believe the idea that the Preeident is bomul to execute what- 



36 

ever a two-thirds majority of Congress maj- decljirc is the mo^t fatal and dan- 
jyerous error of this y-encration, not exrcjiting secession, or c icrcion, or even 
faniiticisra it.solf — the hideous mother of both secession and cocrciouj It is the 
error which, beiii':;' cunmiitted, will be the greatest Icviu- c>f strength to fanati- 
eism, au'l which, not having been coinmittod, would have been the death-blow 
+o fanaticism and to all its hellish brood of horrors. I am not writingC to 
please any man. I sec — have no doubt, I see — unpreeedentcd evils ahead of 
us. I firmly believe there is no way to escape these evils but by 
cleavinj; to the Constitution. In this crisis, I love all who cleave to 
the Constitution as I love my pro]ierty. my life, my liberty, and the 
peace and I'.appiness of my* children, for by that Constitution alone can 
these blessing? be enjoyed. I hate all who violate the Constitution as I hate 
th: thief who steals my property, the tyrant who fetters my liberty, the mur- 
derer who seeks my life, or t!ie monster who would destroy all the hope for my 
children ; because, in the destruction of the Constitution by force and fraud, 
all those cunses will come. If the Constitution needs amendment, let us all — 
all the State.'* — amend it : if free government has failed, let us admit it, and 
form anoth':'r like men of reason and honesty. Bu: whatever jjjovernment and 
laws we have let us obey them while we have them, and not seek to evade them 
by fraud, or overturn them by force, lor then we have anarchy, which means the 
Titter absence of all safety and hi.ipo, and the actual presence of every danger, 
for person, property, liberty and life. Of all the enemies to individuals, to 
society, or to government, he who deceives and takes advanta,i»:e of trusts re- 
posed, or power conferred, to injure, slander, or betray, i.s the meanest, the moat 
cowardly, and tiie most dangerous. Therefore, I denounce the Radicals and all 
their disciples. I know the President is a patriot, but his error threatens to 
place him and his country in the unrestrained and vengeful power of fore.'^worn 
enemies, and he who believes it is an error, owes it to his country to say so and 
give his reasons for his belief. 

In the construction of all humm instruments there must arise questions on 
which men will honestly differ. Thjse doubtful questions have arisen under the 
Constitution. It was anticijiated they would arise, and arise, too, between the. 
Executive and Congress, and the fliethou of settling such differences was provided. 
When the President thinks a bill presented to him is unconstitutional, he must 
return it with his objections. Congre.ss must reconsider it, and if two-thirds differ 
with the President the bill becomes a law, notwithstanding tlic President's objec- 
tions. Now, that this refers to cases of mere honest differences as to what is the 
meaniDg of the Constitution — to cases of doubt — is very clear from the delibera- 
tion which is required of all parties. The President ic required to send his ob^ec- 
ti'jni to Congress. The objections must be in writing. The House to which the 
objections are sent must enter them on their journal, and then proceed to recon- 
sider. If two-thirds differ with the President, the bill and objections must be sent 
to the other Hou.se. The otlier House must also reconsider, and if, after all sides 
are fully heard, and the iinttcr has been considered and reconsidered, two-thirds 
of both Hous'.s (liller with Ihe President, the bill shall become a law. That is, in 
these doubtful questions if two-thirds of both Houses, after full consideration of 
all sides, shall be of >a\' < y\ ,\ou, and the Pre.sident and one-third shall be of another 
opinion — tne o[)iiiion8 of the two-thirds shall prevail. Such were the Bank and 
Taritl" and Internal Improvement questions and many others. la all such cases 
it is very manifest the President must execute the law until the Judiciary shall 
pronounce against it. The President cannot, himself, become the Court, or absorb 
to himself the functions of the Court 

This is the whole exteut of the doctrine of the President's obligation to execute 



81 



the lawd. Nu more, no less. . , ri . j 

Doe^ this eivc two-thirds of the Congress power to subvert the GovcrDmcnt, and 
is the President bouud to help them subvert it ? The Constitution, lu ^paratc 
clauses defines what Congress may do, and then, by other clause;, declarer what 
Congress shall not do Doubts naturally arise in ascertaining the extent ul the 
nieanincr in those clauses which seek to define what Congress maij do. But sup- 
pose Concrress undertake to do that which the Constituti<:,n says Congress shall not 
do ■* How then ? If two-thirds say they will do it arty Jiow, is the l^resident 

bound to execu'.e it ? •■.';// 

The Constitution says : "No bill of attainder or ex pjst Jacto lavi mall be 
passed r Suppose two-thirds pass a bill of attainder, is it a laio? it ^?. two- 
thirds of the Con<^ress can annul the Constitution. If so. the will oi two-thuds o. 
Congress, and not °the Constitution, is the supreme law. But tl.e President is not 
bound to execute that which is not a law. The President admits the Sherman Bil 
is a bill of attainder against nine millions of people '. How, then, can he be bound 
to execute that, which the Constitution says shall not be done 1 . ■ n 

Suppose two-thirds of this conclave shall declare that tU present patriotic Gov- 
ernor of Connecticut was not properly elected, because the colored citizens ot that 
State were excllided by the laws thereof from voting in the election ; and saould 
then declare the government was provi.sional, and send a mihtary commander tiierc 
to govern the people until they should change their laws and hold am.ther eiection, 
in which the colored citizens sliould participate ? Must the President execute this 

'^'s^'uppose thi.^ two-thirds shall declare that all elections, State and Federal, of 
persons not of the Radical or Republican party, arc void because such persons are 
not loyal, and shall reduce the people g-uilty of such di.loyal elections to military 
subjection— must the President execute the mandate ? 

Suppose two-thirds of the conclave shall declare that the Presu.out is dis- 

lovul and he is, therefore, not a legal Fresideiit and i6 removed, or not to Le 

obeyed; must the executive departuient execute its own demoiitiou . fcuppose 

they say the Supreme Court is an obstruction to progress and is abohs.icd;jea 

more— suppose they shall declare, what they have oiten saul that the ieueral 

Coustitntiou "is a covenant with hell and a league with the dev.l, and that no 

State Constitution is republican in form, and that ah suail be set asule, or -ic- 

clared only provisional, and the whole country shall be placed under mihai> 

rule with, commanders subject to the orders of this conclave, unt. new Consa.u- 

tious. State and Federal, shall be ajwo^ed by than; and in making whicu a 

who a-reewith them shall be enfranchised, and all whoditler from them ^hau x 

disfran"chised, must the President be bound to execute th^.s rerolution or ;,uiet j 

look on and see tiie Government destroyed ? All these things some of this .o . 

clave have declared <.ught to be done, and have threatened to do . Jfo-c .hai a 

these they have done, and are now actually doing for ten ot the State.. ^\ > 

may they not do so for all ? The power is the same over ad that it is over o. c 

Thev orcHT to do so for "all or for none. They send a single ofacer to V ug.n a 

who"is not even a resident of the State, and elaim for hnn power to repea. t u 

laws pas.sed in the days of Wa.shington and by the votes and appn-va o. Jc» . 

son, AIadi«=on -Monroe and Mar.^iall; and a similar tiuu-resident individual by In 

own irresponsible edicts, sets aside whole cou.stitulions and codes in ^he ^tatej> o 

Macons and Pinckneys, and proclaims others in their stead, in a nianner moi 

summary and arbitrary than any monarch in Europe dare exhibu . ;^'; ^I'lJ 

admitted to be plainly, grossly unconstitutional, but it must be aone, ard the Prt. 

h(enl isUund to see lo'it that it is done, because two-thirds of th'.s conclave says i 

must be done 1 



38 

Thus, not only two-thirda of a Con^^rcss, but of a fragmentary conclave of mem- 
bers — who secure that twothirt-ls by unlawfully excluding from their seats those 
incmbiTS who are not willing to comuiit perjury to destroy the (rovernnieut — be- 
come not only greater tiian tho Constitution, not only havo power to destroy thn 
Government, but can commayid, or(lKr,-^o>npel every other department of the Gov- 
erunioiit to aid in tho destruction. Was over conclusion 50 !anu*, heresy so dan- 
y-erous, or patriotism so self-des-tructive ? 

Ut-ncefortli, not the Constitution and the laws X)^Sii(iCi\n pursuance iherrof, but 
the will of the two-thirds of Con;^re.ss, or of a conclave taking forcible possession 
< f the Capitol, shall ha the mjvone law of the land. Would it not be well to re- 
tjuire us all, from the President down, to take an oath to support that will, instead 
of requirtng us to swear to support the Constitution, and then compelling us, by 
the higher jiower of this will, to viijlate our oaths ? 

No Congress, not even a legitimate (Jougre.ss, by even a unanimous vote, have 
power to destroy States, to pass laws forbidden by the Constitution, nor to sub- 
vert the Government; and when they undertake it, and in the meanest and most 
dangerous of all ways — under cover of f)aths and office — it is as much the duty 
ot the President to suppress them as it is his <luty to suppress an insurrection 
or an invasion, The contrary doctrine is a proclamation to Kadiealism. that it 
shMl be aided in its work even by the friends of the Constitution. It is a license 
to propagandism to bring all Constitutions, Governments and people into complete 
subjection to its will. 

Alas I our country sinks for want of nerve in its defenders. Truth is weak 
oiily because its disciples will not support as well as assert it. Kadiealism is 
ptroug only in its sense of iiujyuuxty. Unlimited, it loses all consciousness of 
guilt, and throws away all restraint upon its will. Assured of assistance from its 
enemies there is uo excess at which it will hesitate. But boldly and fearlessly 
(•pposed, and denounced and treated as the most dangerous enemy of :tll govern- 
ment a.'id law, its own conscie;)t\> will at once become its (it-rcest accuser; it will 
grow weak, will tremble like the detected thief, and will soon sink beneath the 
weight of its own sins, ab:mdonod by the selfish and despised by the good. But 
r:ow, such men as Stevens and Sumner, seeing how timid and indifferent and un- 
nervel the friends of the (Jonstitution have become, encourage the hesitating cf 
their party in the same spirit with the Moody Lady Macbeth, when urging her fal- 
tering husband to his crime' : 

"When in swinish sleep 

Tli.cir drenc;;ed natures lie, a,.< i?i a death, 
What cauni.'t you and I perform upon 

The unguarded Duncan ? What not upon 
Kis .spongy officers, who shali dear the guiU 
Of our gre:tt raurder ?" 

T have tnid in all eases of doubtful constitutionality, the Ezocutive Doparimcnt 
could not tecomo a court or judge in the matter. ' Neither can Congress be a 
court. But it was necessary there should be a final arbiter, and, therefore, the 
Constitution provided a third department of government called the Judicial. This 
Judicij^ power is e.^prcs^ly declared to extend to all roses arisiag under the Con- 
stitution, the laws of the United States and treaties, &c., kc. But here again 
differences have arisen, and it has been insisted that the word "co.se.v ' has a legal 
technical signiScatiou, and must bo confined within it, and, therefore, that the 
Judicial power docs not citeud to all qaedions arising uader the Constitution 



30 

This position wuo a favorite one with persons of the strict CoQstructioa Stnte Rights 
School. 

When South Carolina declared the Tariff Act plainly and palpably unconstitu- 
tional, she relu.sed to refer the question to the Court, I'Ut proceeded to nullity the 
act in her borders. The Union men and Federalists insisted that she should re^er 
the question to the Supreme Court as the final arbiter, but South Carolina refused 
to do so, insisting- that that State was an independent, separate sovereignty, outside 
of the e,rpre!i.-< powers granted to Congress — that this was a ijulittcal question, 
affecting her separate sovereignty, and that she would not permit any other power 
to sit in judgment upon questions involving her sovereignty ; that in this respect 
South Carolina stood to the United States as .she did to France or England. 

It was supposed that ti;c peculiar doctrines of Stab.- Rights had been decided by 
the war against the position taken by South (.'urolina, and that hereafter the 
Supreme Court would become, what the old Union men always contended it was 
intended to be — thuiinal arbiter.upon all questions arising under the Constitution, so 
as to leave no cseuse or uecessity for an appeal to arms to settle controversies be- 
tween the General Govcrumcnt aid \\\c States. 

Georgia and Misssissippi were the first to act on the new idea. They did what 
South Carolina refused to do. They applied to the Supreme Court (in, I think, a 
proper ra.<i: niade) to enjoin the enforcement of bills palpably unconstitutional — 
admitted to be so — in their borders. The reply was, the question made is apolitical 
question, and not a judiriai. ca^'. The Supreme Court refused to entertain the 
jurisdiction, and thus aiivpn/ ajfiiniu'il what was called the ultra State Rights doc 
trine of South Carolina. I am glad the question was presented. I am especially 
glad they were presented by the Southern States, showing a disposition thereby to 
abide the decision claimed to have been made by the war, and to recognize an 
arbiter of future di.sputes short of arms. 

These decisions, therefore, so far from showing there is no remedy against these 
Military Bills, show clearly the reverse. They proceed on the very basis that the 
States are still separate political communities, and as such it necessarily follows that 
their internal domestic governments cannot be abrogated, regulated, or interferec 
with by 'ongress. Hence the way is clear for every State, citizen, and corporatiot 
to make a case and test these ^liiitary Bills, when, any person, by their authority 
shall interfere with a right of property, or of person, or of liberty. 

I, tl.ercfore, beg every citizen, bhick and white, even the iiumblest of the tec 
millions who inhabit these ten States, to remember — never forget that it is hi: 
right —his glorious, unpunishable, unimpeachable uI'^.ht — to resist evfr>j inter 
ferencc, by any ofircer. high or low, with his propertj-, or his person, or his liberty 
under these 31ihtary Bills : and that each citi>:en owes it to every other citizen anc 
to his State, and to posterity and Constitutional liberty, to assert the right boldly 
and fearlessly against every such interference. Nor have military officers in suel 
cases one particle more of protection from such resistance than civil otficers. Th( 
law is superior to all — is master of all ; and the strength, the majesty, and th< 
merit of the law make the citizen's panoply in this issue. Hoar what a distiu 
guished American writer says on this subject : 

" It is now settled in England and the United States, that an officer of the force; 
who executes the unlawful order remains personally answerable. If the highest ir 
command, the British monarch hims':lf, order, contrary to law, an officer to quarte) 
his soldiers upon the citizens to annoy and oppress them, as Charles I. did, th( 
officer remains responsible, in the fullest sense of the term to the law of the land 
All that has been gained by the arduous and protracted struggle which began t< 
show itself most signally under Charles I., may be summed up in the few words 
thai the law shall l)€ superior to all and every one and every branch of Govern 



40 

Tnenl ; that there is DOwLcre a mysterious, supreme, and unattainable power, which, 
despite of the clearest law, may still dispense with it or arrest its course. This 
is the sum total of modern civil liborty, the great, firm, and solid commons' 
liberty." 

Our Constitution — our supreme law, which no Congress, nor President, nor other 
earthly power can violate or authorize to be violated with irapunit}' — is our ruler; 
our "n!)j rider, and all the highest office-holders — civil :ind military — are but its 
servants and hound, under penalties, to obey its commands. 

Our Constitution declares : 

'• The privilege of the writ of haheas corpus shall not be suspended, unless 
when in case of rebellion or invasion the public safety may require it." 

" No bill of attainder or ex jjost facto law shall be passed."' 

" The trial of all crimes, except in cases of impeachment, shall be by jury.''' 

" No soldier shall, in time of peace, be quartered in any house without the con- 
sent of the owner " 

'• Congress shall make no law abridging the freedom of speech, or of the press." 

No citizen " shall be held, to answer for a capital or otherwise infamous crime, 
unks.s on a prc.'^entment or indictment of a grand jurv." 

" No warrant shall issue, but upon probable cause, supported by oath or affirm- 
ation." 

These are the commands oi the only imperial power in America — the Constitu- 
tion. They are so plain that a wayfaring man, though a fool, cannot err in reading 
them. They cover every State, and territory, and province, and foot of soil over 
which the jurisdiction of the United States can po.s.sibly go. Yet everyone of 
these positive commands, and others besides, are violated :ind ordered to be violated 
by these Military Bills. They are, therefore, assaults — unmi.stakable, traitorous 
assaults — upon the Constitution ; and every man, woman or child, or officer, civil 
or military, in the United States, who votes for these Bills, or approves them, or 
accepts them, or execute.* them, or passively submits to them, is an enemy of the 
Constitittion and an enemy of every citi/.en whose rights are protected by the. 
Constitution. I care not what excuses are made, nor what pretences are whined 
out about the power of Congress and the progressive Eadical party. Such pre- 
tences only show cowardice ov the treasonable intent in tho.«e who u,se them. The 
only way to crush the Kadical party is to bring down upon it that power which is 
greater than the Kadical party — the Constitution. If the President is a .slave and 
bound to execute the orders of traitors, the people are freemen and entitled to 
resist. The only question and, therefore, the only danger i.s, have they the cmirage 
to resLst ? A freeman should know no master but the law, and bend the knee to no 
earthly power but the Constitution. 

As the result of reason and settled authority — I affirm : 

That every officer, high or low, who .seizes the property of a citizen under these 
Military Bills, is a tresspasser, subject to indictment and suits for damages as 
an individual. 

That every such officer who arrests a citizen under these bills is guilty of false 
imprisonment, and subject likewise as an individual ; and amenable to the 
writ of habeas rorpus before any Court, State or Federal, having- jurisdiction 
to issue the writ. 

That if a single citizen, white or black, is tried by a military commission and 
executed, the officer ordering the court, the individuals composing the court, the 
counsel prosecuting the case, the officer approving and executing the .sentence, up 
to and including the I^resident, each and all are gid ty of murder, and indictable 
in the ccunty where the crime is committed. 

And 1 again beg our citizens, everywhere, to ai^.sert these remedies, and assert 



41 

them fearlessly. Do not be prevented by the sicklj', cowardly, criminal statcmcflts, 
that the courts are prohibited from taking jurisdiction. This is the poor defence 
with which those authorizing the crimes have sought to shield those silly creatures 
who may obey them, and is itself unconstitutional. The power which cannot 
violate the law cannot annul or escape the processes, or remedies and penalties of 
the law. 

Sue in damages for every injury ; indict for every crime. Be sure and include 
the thieving Treasury agents who were lately stealing your cotton or other things. 
Sue or indict in the county where the injury was or may be done, or the crime was 
or may be committed. Whether the defendants are present or absent, get the true 
hills. Don't let lapse of time bar you. Whenever you .see me at a court, under- 
stand I will aid you without fee or reward. The written Constitution is my client, 
and the preservation of its protection the only fee I shall ask. The time for the 
law's triumph over passion will one day come. If our people will now, everywhere, 
assert these rights, not by again abandoning the Constitution, but by claiming its 
remedies, that time will come quickly ; and then we shall demand the criminals 
wherever found and they will he delivered. If the President himself should 
commit murder in the manner 1 have indicated, I do not, hesitate to say that I would 
urge a true bill again.st him and demand him for trial when his term has expired. 
We owe it to ourselves, to our children, to free institutions, to teach all, however 
high or low, who take advantage of degenerate times like these, to violate the great 
guaranties of the law. and trample on the rights of the citizen, that when the 
political spasm is over they can find no hiding place from the law's avenger nor take 
.shelter from its penalties anywhere in the jurisdiction of the Constitution. 

Let this generation teach this lesson now, and teach it faithfully and well, and we 
shall have no return of such periods of sorrow and crime for us or for our children. 
If we do not teach this lesson, then sorrow and crime will increase their coming 
and prolong their stays, because rogues will steal : tyrants will oppress ; little 
officers " will cut fantastic tricks ;" and traitors will u.se fraud and force to 
perpetuate their power, just as often and long as they think they can do so with 
impunity. 

I also earnestly hope the people of each of the ten States will go boldly forward, 
and preserve and continue their existing State governments, and hold all elections in 
the manner and at the time prescribed by exi.stin;ii; State Con.stitutions; will choose 
officers qualified according to existing State Constitutions and laws, and by voters 
qualified according to existing State Constitutions and laws. If any citizen or officer 
shall be interfered with in exercising his rights under these laws, or in discharging 
the duties i f any office to which he may be cho.sen, let him make the issue fear- 
lessly. 

I would have them continue this until, and even after, pretended constitutions 
may be formed by deluded negroes and their designing inferiors under these Mili- 
tary Bills ; and if any attempt were made to displace existing Constitutions and 
governments by pretended cou.stitutions so formed and officers chosen thereunder, I 
would indict every officer so attempting to subvert existing legal State Govern- 
ments, and I would then iiave our Governors, or the Legislatures (if in ses.sion), 
make application to the President, under the Constitution, to protect existing State 
Governments "against domestic violence," and thus compel the President to decide 
whether he is bound to displace by force what he admits to be existing le^al State 
Constitutions and Governments, for tho.-e he admits to be illegal, unconstitutional, 
and tyrannical. 

1 will add two important considerations why our people should thus resist, and 
never con.sent to, these usurpations ; 

In the first place, if we once allow these new governments to become legally fixed 



42 

on Ui by our consent, wc o^u never got rid of them. The power will be in the 
lianda <jf those who make and admiuiftor them ; and, though destroy, as they will, 
they will hold on to their inifjuity. It will also reijuire tlirce-fourth.s of the States 
to concur in the adoption of the odious Constitutional Amendment, but, if adopted, 
it will then reqiiirc threr-fo^irths of the States to get rid af it. 

But, in the second place, if, as is clear, these liills :ire so grossly unconstitutional, 
then they can never be legally established if we continue to resist them. Let u.>» 
commence casi>s now, and continue cases a.s fast and as often as they arise, and if 
even after these military constitutions arc framed and organized, and have oppressed 
an unwillin;^ people for years, the Court finally decide the acts authorix.ing them to 
be uncon.stitutional, then, unlike a case of arms l^ctwecn bclligerenis, everything 
done under them will be declared void — the wicked governments will be displaced, 
cverv man who has administered them will be a c/imincl, and our existing State 
Constitutions will be restored to us. 

Then will patriots meet again at 'Wa.shington and at every State oapitol, and, 
gathering the records of these Radical traitors, and of all their State subordinates, 
together, will do, as our fathers in Georgia did when corruption had usurped power 
and soiled our honor as a people once before — we will cafe// /ire from Jlearrn arid 
bvrn thei7i up. 

If, then, we yield now, our remedies are gone and we are conquered forever ; 
but if wc refuse to yield, our remedies will continue, and wc can never be con- 
Cfuercd. 

But if this generation shall do its full duty, we must do nmrf than simply rescue 
the country from impending evils. The cau.scs which produced tho.se evils must be 
understood and corrected. The people must see how and by what means, and for 
what purpose, they have been so sorely afflicted. If this be not done, then, though 
wc may arrest the revolution for a time and defeat the treasonable ini([uity of these 
Military Bills, yet in some other form these samo evils will come again. This Is 
the peoph'S government' .\11 the evils which have befallen us have been occom- 
pli.<hed throuffii ti,e pi'<jj>li',-dnd the final, the (Mmplcte, the permanent remedy must 
come from the people. He will be entitlt'd to be called the lather of his country, 
far above Washington, who shall be able to lay bare to popular .'umprehensiMn the 
af^cncics by which the people of America have been made to cut each others' 
throats, destroy their common pro.sperity, and blight the hopes of their own 
children. My pen is not sufficient for the task, and thu.-e notes arc already too ex- 
tended to undertake^ it now. liut I shall allude to these agencies here, and in the 
future may return to the subject. 

These agencies seem to be many, but there are really two, and from these all the 
others spring : 

1. Dcmagogueism, or thirst for office, including all the appliances for grati- 
fying it. 

2. Fanatici.sm, or the "bigotry of extreme opinions, which has exi.sted in all sec- 
lions, and has been developed on various — even antagonistic — subjects. Ignorance, 
credulity, and want of virtue among the people, have been the food for both 
agencies. 

" One of Uic most learned and profound judges of men and governments says : 
"In the birth of nations, the chief men make the institutions, but in the sequel the 
in.-;titutions make the chief men.'' This single sentence embraces all the philosophy 
of the rise and fall of free institutions in the United States. 

The chief men of tisat day made the Constitution.s — State and Federal. They 



43 

wore patriots, and were made great and prominent by leading their country to inde- 
pendence. Of course, a? long as these men iaited they were the chosen administra- 
tors of the institutions they had formed. They could havo no other desire or higher 
ambition than to make those ins'itutious prouiote the g'>od of the people. And, 
therefore, no result could follow but that which did follow : The American people 
rushed to prosperity with a rapidity and to an extent which was and must remain 
the marvel of human experieoce. But these fathers of the republic passed away, 
and so next did the generation which was born in their day, and taught by 
their immediate examples and intlucnces. After this new rulers had to be chosen, 
and the necessity of choosing was frequent, according to our institutions Every 
man was equally entitled to be chosen. The people were, the choosers, and to 
please the people was the way to be chosen. Aspirants soon discovered that the 
majority of the people were more easily pleased by flattery than by reason, by 
promises than by admonitions. All men had passions and prejudices, but all men 
did not have enlightened consciences or informed judgments, Therefore passion 
and prejudice formt'd the more inviting, because the more available, held for those 
who sought office. Then means were adopted to combiu'3 and make eflective the 
efforts of these offiee-.^eekers. Parties were formed and caucuses invented. Sub- 
jects were proposed and issues presented which could excite the mo.st passion and 
operate upon the largest amount of prejudice. Platforms were built, not to expound 
the Constitution, but to please the greatest number. As sectional prejudices were 
the most powerful, .so subjticts and issues that were mo.st sectional were preferred. 
It was in this way that slavery was brought into politics, and it is, and always has 
been, my firm conviction that Southern pro-slavery political agitators were more 
efficient in the destruction of slavery than the Northern fanatics. The agitation 
was settled and unsettled, and again settled and uu.-ettled, just as ofte,n as manipu- 
lating party leaders thought the question of settling or unsettling could be made 
available as a party issue in a Presidential contest. 

By this process honest men, who acted from convictions founded on principle, 
were gradually excluded from the public councils, and the public offices, State and 
Federal, were filled with mere party managers, prejudice-engenderers and passion- 
panderers. We have many men who are notorious, but not one in five who 
deserves to be known. Such men were never reliable. They could be bought to 
any party with the chance of an office. This is why most of our public men have 
belonged to all parties, have been bitter aspirants in all, and have made earnest 
harangues on all sides ef almost all important questions. They went with the cur- 
rent, because they desired to ride on the current. They eonld not afford to cleave 
to principles in minorities. These men brought the country to revolution, have 
kept it in revolution, and are unable to get it out of revolvtion. 

But the chief agency of destruction — extreme opinions, all of which various 
kinds I include in the generic term fanaticism — has been, from the beginning, 
enmity to the Constitution. Mutual concession for the common good is the soul, 
the very being, of the Constitution, It is the breath which was breathed as life 
into it. By concession alone vras it formed, and in that spirit alone can it ever be 
safely or peacefully administered. But extreme minds never concede. They hate 
concession and trample on compromises. Thore.'biC these extreme minds at the 
North denounced the Constitution as "a covenant with hell and a league with the 
dovil ;" and extreme men at the South denounced the Union as the source of all 
evils to the South. 

These men were much more numerous at the North than at the South, but, left 
to themselves, they would have remained powerIe.>s in both sections. But they 
adroitly watched every opportunity to get control of the great office-seeking parties 
of the country. And the managers oi' the parties corruptly pandered to the 



14 

respective extrciric opiuions to get their help in securing the offices. The repeal of 
the Missouri Oumproniise furnished the long desired occasion to segregate the sec- 
tioti?. The extreme men of tlie South took charge of the Democratic [)arty to 
bricp al'out secession. Tho extreme men of the North organi^^ed and took charge 
of the Republican party to destroy or bring about a reformation of the Constitution ; 
und the 2Jolif.icia7is — our so-called great men — were perfectly willing to be taken 
charge of, if thereby they could be placed in the offices, and did not care, on iMther 
side, one fig whether slavery was extended or not exteuded, destroyed or not de- 
stroyed, so they could keep the offices ' The majority of the people of the South 
were made perfectly crazy with the idea of their great right to carry slaves to 
Kansas, and the majority of the Northern people were made ecpially i-razy with the 
alleged bad faith of the aggressive spirit of slavery. The minority in each .section 
who declared that this whole agitation was a pandora "box" opened upon the 
country, leaving scarcely hope behind, were laughed at as visionary. So fanati- 
cism bought up dcniagoguei.'^m with the offices, and the two together ru.shed the 
country into civil war. These are the chief men whom our institutiuns have pro- 
duced I And what are the results ? Instead of honor, prosperity and indepen- 
dence, we have iiumiliation, pauperism, ;ind dislVanchi.sement ; instead of a union of 
harmony and good-will, and the spirit of concession, we have a despotic fraguicnt- 
ary conclave ruling with Ccrl erian hate. We have .slain a million of whites and 
doomed four millions of heretofore happy, contented blacks to starvation, barbarism 
and death ; and to accomplish this work we ha\-c destroyed property and expended 
money more than sufficient to have bought the whole African race in America 
three times over, at open market value ! And are fj/c?/ statesmen, and philanthro- 
pists, and patriots, who are known by such works '{ No, no : they are the 
doub]e-.-^haped monsters which the demagogue and the fanatic have begot by seduc- 
tion of the people, and by rape upon the Con.stitution I 

The art of deceiving the people so as to get their votes has been the chief means 
by which nearly all the politicians, who have become pronxinent during the last 
twenty-five years, have been enabled to succeed, and get the names and places of 
leading men. This man Butler, of Ma.<sachu.sett,s, became known throughout the 
country before the war almost entirely because of his success, with the aid of one 
other, al.so from that State, in building platforms for his |iarty, which could be con- 
strued to suit every section, every opinion, and every prejudice. Yet this man was 
not one whit more unprincipled in political morals, nor any farther, below the 
standard of a true statesman, than wore the many all through the land who availed 
themselves of his deceptive work to get the offices. He is as guilty who uses a 
fraud as he who originates it. As deceptions brought on the collisions between the 
sections, it is not at all wonderful that deceptions prevailed throughout its progress 
and still continue. The leaders have p/qfcssed to desire what I hey did not intend 
should be accomplished. The people listened to the prnfe.ssion, and could not b(^ 
made to see or believe the intentiun. Therefore the jieople of America have been 
made to do, with energy and great .sacrifice, those very things which, of all others, 
they //lost hate. They have been made to cut their own throats under the belief 
it was the e-nly way to save their own lives ; to use force to preserve a uniim of 
consent ; to indulge feelings of hatred and di.strust as the only means uf preserving 
harmony ; and now the proposition of these Military Bills is to trample on the Con- 
stitution as the only way to peace and safety ; to disfranchise and humiliate the 
white man as the only way to enfranchise and elevate the black man ; to rush iuto 
anarcliy as the only way to find security f(jr person and for property ; and to subvert 
the government as the only means of preserving it. The authors and defenders of 
these Military Bills arc wise hke the daughters of Pelias, who insisted that by cut- 
ting their old father in pieces, they could renew his youth ; and our people will 



prove to be as foolish as was the old man who consented, when they coaseut to these 
destructive Military Bills as the mean> of eritcriug the Union and of preserving 
•written Constitutions. 

Of all delusions of the revolution, the greatest was that of supposing that either 
party to the late oontiict was fighting to preserve the Union under the Constitution. 
This delusion was enibrared by many in the North and not a few in the South. 
There has never rc-ally been a war to preserve the Union. The masses of the 
people North thought so because their leaders profer'scd so. But the extreme men 
of the North naturally took charge of the conduct of the war, and they never 
intenlod it should end without a reformation or destruction of the Constitution. 
They had long betbre declared the old Constitution to be a covenant "with hell and 
a league with the devil," and," in the debate on the Civil Rights Bill, old man 
Stevens confessed that, from hh yov.lh, he had longed for the occurrence of some 
great convulsion , under the injtuQncc of ^vhich the. Constitution could be 
changed^ Is he. therefore, laboring to preserve that Constitution which he has 
longed from his youth to change — change violently, under the influence of a con- 
vulsion ? The pretence to the people during the war was to preserve the Union 
because the people loved the Union ; the purpo.'^e of the pretenders was to destroy 
the Constitution because they hated the Constitution. The result is the preserva- 
tion of a territorial Union, but the utter destruction of a Constitutional Union. 
Consent was the beauty of the old Union ; force is the power of the new. The 
proof that the Radical leaders were not sincere when they professed to wace the 
the war to preserve the Union, i? the fact that when the war has ended they will 
not admit the Union is preserved. Some of them proclaim that the war ended too 
soon .' Why ended too soon ? Because they are afraid the escitemeut of the con- 
vulsion will end before, under its influence, they can complete the long desired work 
of destroying- or reforming the Constitution. If the people of the North could 
only be made to see the clearest truth of the revolution, to-wit : that their leaders 
have used them to destroy the Constitution by appealing to their love of the Union, 
all would be safe. 

The great difficulty, heretofore, has been that patriotic, conservative men in both 
sections have been unable to make the people of either section see that the extreme 
men of the two sections had a common end. The people could not see this, be- 
cause these extreme men seemed to be fighting each other, when, in truth, both 
were fighting the Union. The extreme men saw that the only feeling with the 
people of either section, which was or could be made stronger than the love of 
section. Pro-slavery was the great question which it was thought could concentrate 
all feeling at the South, and, therefore, the extreme men assumed to be the peculiar 
exclusive friends of slavery, and all men at the North were declared to be its 
enemies, and all the South who difiered with them were denounced as traitors to 
their section. Anti-slavery was the great feeling at the North, and there the 
extreme men assumed to be the only true defenders of the North from the wild 
aggressive spirit of slavery, which was represented as seeking, with the master's 
lash, to control the whole country. The people of both sections listened until they 
believed, and sent the extreme men in stronger and stronger force to Washington, 
who made the national capitol but a theatre for sectional bullies ; who reduced all 
eloquence to sectional billingsgate, aiid whose only statesmanship consisted iu engen- 
dering sectional hate. The natural result was vxir, but a sectional war, and a war 
in which the triumph of either party was the triumph of an enemj to the Union 
under the Constitution. And this is the only war which has been waged, and this 
is the only final triumph which will be achieved if the people do not open their eyes 
in both sections and make a united war against their common enemy — these extreme 
men. It was with these views that I so earnestly begged the South in 1860 not to 



secede, because she would thereby be oaly furthering the purpose of the common 
cDomy of the South and the Coiisritution — would thereby thro^v all the power of 
the Union into the hands of thut coiuiiiou euemy, which power would be used, iirst 
to crush the South, and then to destroy the Constitution. It wa.s because of these 
coDvictiuus I went with my section, and never felt I made war on the T'nion, 
althouf^h I saw the Union was bting eru-^hed between two ant:igonistic Ibrces. And 
it was because of these convictions I was willing every hour of the struggle to stop 
the fi^ht and negotiate, feeling that, if either party yielded to arms, common equal 
oonfederation would be impossible. But we never could negotiate, for the plain 
reason that in that way the Union might bo preserved, and this the leaders of the 
North never intended to permit. They determined to continue the convulsion to 
enable thorn to destroy all hope of Constitutional Union, and now they fear the war 
has ended too .«oon to enable th'-in fully to accomplish their work. It was, there- 
fore, I ursied the South never to jiuld, but to light to extermination rather than be 
.subjutrated, for subjugation of either section was the g-reatest possible obstacle to 
future peace and Union, as well as to honor and independence, for either section. 
But slavery lias been destroyed, and division:; between the extreme men of the 
North and South are no longer promotive of tlie common end. The conmion end 
wa.s, not to preserve or de.-troy slavery, but the common cud was to destroy a Con- 
stitution founded in mutual eoncession for the commt4i good, and to which extreme 
opinion is and mu.=t be enmity. Slavery was only used as an exciting .sectional 
means to accomplish the work. The pretence for difference between the extremes 
has been removed, but the common jyinyosc remains. And what is the result ? 
These extreme? are (jetting together. I believed and declared, in advance, they 
Turould unite. It is natural and logical that they should unite When division pro- 
moted ;i common end, it was nutural to divide ; but when Union can proinote that 
same common end, it is natural, consistent to unite. Sumner and Stevens, and 
Brown and Holden, are not accident.s, nor are they oiiginal characters. They 
have figured in all mad revolutions from the fall of Greece and the destruction of 
Jerusalem to the present da}'. Such men have ever been treacherous to principle, 
faithless to trusts, aud deceived in profession, but always consistent — perfectly eon- 
.sistent — in the common end of destruction to government. Aud. as these Mili- 
tary Bills have no character but oppo.sitiou to all the provisions and principles of 
the Constitution, and can have no end but its utter and final destruction, such men, 
and all their iik in both .sections, ii:iU unite in their f^upport. 

The unscrupulous portion of the secession le'aders — tho.se who never acted from 
conviction of right — and the Northern Radicals are making friends aul shaking 
hands, like Pilot and Herod, for the final crucifixion of the Constitution. Can it be, 
can it pos.-ribly be. that the American people, like an inflamed fooli.sh rabble, will 
still cry, crucify him, crucify h;ra ; give us ]5arabbas, give us Barabbas — give us 
anarchy, give us anarchy I 

Now, then, the duty of all patriots is plain. The enemies of the country are 
united. Their platform is the.se Military Bills. Let the friends of the country 
unite. Let our platform be the Con.stitution. There is no longer any excuse to be 
deceived. It we want peace, if we want .safety, if we want liberty, if wo want 
prosperity, if we want hope for our c!iildren, if wu want Union, if we want written 
Constitutions, wc -futist uyiitc — all patriot.^, everywhere, nmst unite. We must 
cruih out these real authors of all our sorrows ; we must declare that the will of 
two-thirds of a fragmentary conclave of Congre.ssinnal members is not. and shall 
not be, the supreme law of the land, but that the Cou.stituti.iU and the laws pas.sed 
in pursuance thereof are, aud "^huU be, the only supreme law for the frceinen of 
America. 

For the present, at least, these Notes will end. It was my original purpo.se to 



apply the rcasoriing I have employed to the Li.story of former revolutions, for the 
purpose of showing that the monsters of revolution in all ages have acted in lite 
spirit, with like purpose* and witli like treachery as those who dominate in this 
country and seek to overturn our institutions ; and also the impossibility, acoordinc 
to unbroken human experience, of forcing ^hy statute, the black race and the 
white race to equality in governinpnt. And to show that all the consequences which 
I liave declared wil! result from the efforts now bein.i^ made to subvert the govern- 
ment by force and fraud, have resulted — invariably resulted — from similar causes in 
all the past. 

But those who can believe that good, and not evil, will come of violating our 
Constitution, of trampling upon our laws, of disregardnig plighted faith, of degradinc^ 
the white race, of fomenting hatreds between different races, and of keeping up 
continual sectioual strife, wuuld not hear reason from the living or th« dead ! All 
such will take an oath to support the Constitution when they register, and fhe?i 
violate the Constitution and that oath by voting "for a convention," and feel no 
compunctious. But all who love tan law and its safety, the truth and its reward.? 
the country and its peace, uur children and their pro.^perity, and liberty and its' 
guarantees, will register and vote against a convention and never cease to in.sist in 
all forms and on all occasions, this sum of American oppression, this embodiment of 
American treason, this aggregate of American dangers. the.«e Military Bills enacted 
to keep their authors in power. 

I beg to c.xprcs.s, in this manner, my grateful acknowledgment of the many warm 
and earnest expressions of appreciative approval which I am daily receiving of my 
humble efforts to wake my coui\try to their dangers and their duty. I cannot 
write a personal answer to each one, but ] feel none the less thankful for such com- 
forting (encouragement. 

I have .sought only to write tlie truth, only to discharge a duty, only to serve the 
country, but I lova, and h^ipe I shall over love, the approval of the wi.se and the 
applause of the good. 



Er.RATUM.— Page 15, lines 19 and 20, read — "will tiirely sink by the weight of 
their own infamy to ruin, and everything virtuous on earth and in heaven will re- 
joice at the fall/' 




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